Exhibit 01
The airline that blamed its own chatbot
In November 2022, Jake Moffatt's grandmother died. He went to Air Canada's website to book a flight and asked the customer-service chatbot about bereavement fares. The bot told him he could book at full price and apply for a bereavement discount within 90 days of the ticket being issued. He booked the flights and later requested the refund. Air Canada refused, because the policy the chatbot described did not exist.
What the machine did
The chatbot generated a confident, specific, and entirely fabricated refund procedure. The airline's actual policy was the opposite: bereavement fares could not be claimed retroactively after the flight. The real policy was even linked elsewhere on the same website. The bot invented a friendlier version and presented it as fact to a paying customer who had no way to know it was wrong.
What the company argued
When Moffatt took the dispute to British Columbia's Civil Resolution Tribunal, Air Canada made a remarkable argument. It claimed it could not be held liable for information provided by the chatbot because the bot was, in the tribunal's paraphrase, "a separate legal entity that is responsible for its own actions."
"Air Canada argues it cannot be held liable for information provided by one of its agents, servants, or representatives, including a chatbot. It does not explain why it believes that is the case."
Christopher Rivers, Civil Resolution Tribunal, Moffatt v. Air Canada, February 2024
The tribunal rejected it flatly. A company is responsible for everything on its website, whether the words come from a static page or a chatbot. Air Canada was ordered to pay Moffatt damages and fees totaling about 812 Canadian dollars. The amount is small. The precedent is not: a business cannot deploy a machine that lies to customers and then disown the machine when the lie costs money.
Why it belongs in the catalog
This is the failure mode in its purest form. The chatbot was not hacked or jailbroken. A customer asked an ordinary question and the system fabricated a plausible answer because fabricating plausible answers is what it does. The company that deployed it understood the risk well enough to try to argue, in a legal proceeding, that the bot was someone else's problem. The vendors selling these tools as customer-service upgrades rarely mention that you, not the model, own every word it says.
Sources
- Civil Resolution Tribunal, Moffatt v. Air Canada, 2024 BCCRT 149 — The full decision, including the airline's 'separate legal entity' argument and the damages award.
- CBC News — Reporting on the ruling and the airline's failed defense.
- Ars Technica — Detailed write-up of the tribunal's reasoning and the chatbot's fabricated policy.