When a chatbot gets it wrong: Moffatt v. Air Canada (real)

In 2022 a customer asked Air Canada’s website chatbot about bereavement fares. The chatbot told him he could apply for the reduced fare after travelling. The airline’s actual policy, on another page of the same website, did not allow that. When the airline refused the refund, the customer brought a claim. In February 2024 the British Columbia Civil Resolution Tribunal found the airline liable for negligent misrepresentation and ordered it to pay. The tribunal rejected the suggestion that the chatbot was a separate entity responsible for its own statements: the company was responsible for all the information on its website, whether it came from a static page or a chatbot.

Lessons for an HR assistant.

• The organisation owns what its assistant says. Employees will act on its answers about leave, benefits and pay.
• A disclaimer helps set expectations but does not remove responsibility.
• The answer and the policy must come from the same source. Ground the assistant in the current policy and keep it current.
• Test the questions where a wrong answer costs someone money or time off.