Air Canada ordered to honor refund its chatbot invented

A British Columbia tribunal ruled that Air Canada was bound by a bereavement-fare policy its chatbot fabricated. The airline argued the bot was a separate legal entity. The tribunal disagreed.

Air Canada · Incident Nov 11, 2022 · Indexed May 13, 2026 · 2 sources

Air Canada argued its chatbot was a separate legal entity responsible for its own actions. The tribunal disagreed.
What
A British Columbia tribunal ruled that Air Canada was bound by a bereavement-fare policy its chatbot fabricated.
Incident date
Nov 11, 2022
Who
Air Canada
Failure mode
Hallucination
AI surface
Chatbot
Severity
High

What happened

In November 2022, Jake Moffatt's grandmother died. He visited Air Canada's website to book a flight to the funeral and asked the customer support chatbot about bereavement fares. The chatbot told him he could apply for a bereavement refund within 90 days of travel. Moffatt booked the flight, traveled, applied for the refund, and was denied. Air Canada's actual bereavement policy required the application before travel, not after.

Moffatt sued at the Civil Resolution Tribunal of British Columbia. Air Canada argued that its chatbot was a separate legal entity responsible for its own actions. The tribunal disagreed. In February 2024, member Christopher Rivers ordered Air Canada to pay Moffatt C$650.88 in damages, C$36.14 in interest, and C$125 in tribunal fees, holding that "while a chatbot has an interactive component, it is still just a part of Air Canada's website."

The decision is now the most cited precedent for enterprise chatbot liability. Air Canada removed the chatbot after the ruling.

What broke inside the model

Failure path · this incident · Hallucination
  1. 01 · TriggerA grieving customer asks the website chatbot about bereavement fares.
  2. 02 · Model stepThe model generates confident policy language about a retroactive refund that exists in no fare rule.
  3. 03 · Control gapNothing checks the stated policy against the airline's actual tariff before it reaches the customer.
  4. 04 · FailureThe customer books on the strength of an invented policy.
  5. 05 · ConsequenceA tribunal holds the airline liable for what its chatbot said; the refund is ordered honored.

The tribunal rejected the argument that the chatbot was a separate entity. The company owns the output.

The chatbot produced confident output about a policy that did not exist in any retrievable source. The most likely mechanism is hallucination, where the model generated plausible-sounding policy language without grounding it in the airline's actual fare rules. A secondary possibility is retrieval failure, where the retrieval layer surfaced an unrelated bereavement policy from a partner airline or a third-party site.

Either way, the model committed the airline to a policy through a customer-facing surface. There was no policy-enforcement layer that compared the model's response to the source of truth before sending it.

Public visibilityHigh
Regulatory exposureActive
Customer impactFew customers
Financial impactDisclosed
Time to disclosureMonths

C$812.02 plus tribunal fees, but the precedent is the real cost

  1. Court FilingMoffatt v. Air Canada: Civil Resolution Tribunal decisiondecisions.civilresolutionbc.ca
  2. PressAir Canada must honor refund policy invented by its chatbottheguardian.com

Also cataloged in: AIID Incident 639

Permalinkhttps://failureindex.ai/failures/air-canada-chatbot-bereavement-fare-ruling
CitationAI Failure Index. "Air Canada ordered to honor refund its chatbot invented" (FI-0001). Realm Labs. https://failureindex.ai/failures/air-canada-chatbot-bereavement-fare-ruling (indexed May 13, 2026).
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Data fields CC-BY 4.0, prose citation permitted. Incident ID FI-0001. Full dataset at /data.

Note from Realm Labs, the Index steward

How Realm would have caught this

Controls for this failure mode
  • Prism
  • OmniGuard
  • AI Detection & Response (AIDR)

Prism reads the model's representation against the policy boundary in real time. When the model commits to a refund-eligibility claim, Prism's policy-adherence signal flags it for OmniGuard. OmniGuard checks the claim against the airline's authoritative fare rules and either redacts the claim inline or surfaces a verified version. The customer never sees the hallucinated policy. The tribunal case never gets filed.