External Control Layer

An airline is held to its chatbot’s answer

Air Canada’s website chatbot described a bereavement refund option that the airline did not offer, and a tribunal held the airline liable for negligent misrepresentation.

Date
2022–2024
Kind of system
Conversational assistant
Outcome
Harm

Gaps found

G1G2G3G4G5G6G7G8G9G10G11G12G13

G3 Unchecked statement

What happened

In November 2022, after a death in his family, Jake Moffatt asked Air Canada’s website chatbot about bereavement fares. It told him he could apply for the reduced rate within 90 days of buying his ticket. The airline’s bereavement page, which the chatbot linked to, said the policy did not apply after travel, and Air Canada refused his claim.

Before British Columbia’s Civil Resolution Tribunal, Air Canada argued that it could not be held liable for information provided by its agents, servants, or representatives, including a chatbot, and it gave no information about how the chatbot worked. In its decision of 14 February 2024, the tribunal held the airline responsible “for all the information on its website,” found that it “did not take reasonable care to ensure its chatbot was accurate,” and awarded CA$812.02.

What allowed the action to take effect

  • G3 Unchecked statement

    Words the system produced reached customers or the public in the organization’s name, on matters people rely on such as prices, policy, law, or health, and nothing checked them first.

    The chatbot’s answer about fares reached the customer as written. The tribunal found that Air Canada “did not take reasonable care to ensure its chatbot was accurate,” and added: “It makes no difference whether the information comes from a static page or a chatbot.”

    Kind of evidence: finding. Source: British Columbia Civil Resolution Tribunal, 14 February 2024, ¶¶ 27–28.

    Related guidance: P9 Declared scope and P4 Reviewable policy. Contract clause C-1.

Considered and left out

G7 Review in name only
The decision records no review of the chatbot’s answers, and Air Canada gave the tribunal no information about how the chatbot was controlled.

Entries with gaps in common

Sources

Cite this entry

External Control Layer. (2026). Entry 10: An airline is held to its chatbot’s answer. In Control Gap Record (Version 0.3). G-14, Inc. https://externalcontrollayer.ai/record-10

@misc{ecl_cgr_10,
  author = {{External Control Layer}},
  title = {Entry 10: An airline is held to its chatbot's answer},
  howpublished = {Control Gap Record, version 0.3},
  publisher = {G-14, Inc.},
  year = {2026},
  url = {https://externalcontrollayer.ai/record-10},
  note = {Released 2 November 2026}
}

Uses Control Gap Classification 0.2.

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