Air Canada · February 2024
The chatbot invented a refund policy. The tribunal made it real.
What happened
A passenger asked the airline’s support chatbot about bereavement fares. It told him he could book at full price and claim the discount retroactively within 90 days. The actual policy said the opposite, and the correct page was one link away. When he applied, the airline refused. He took it to the British Columbia Civil Resolution Tribunal.
Consequence
The airline argued the chatbot was a separate legal entity responsible for its own statements. The tribunal member called that “a remarkable submission”, found negligent misrepresentation, and ordered the airline to pay C$650.88 in damages plus interest and fees. The sum was small. The ruling is now cited everywhere as the moment a company became liable for what its AI said.
Our read
VLN-05 Hallucinated business action
What testing would have caught
No attack was involved. A judgement scenario set that asks the agent about every policy it can be asked about, and scores each answer against the real policy, surfaces this in the first hour. The fix is a hard constraint: policy answers are retrieved, never generated.