Air Canada Flight Pass Mispricing National Class Action

Air Canada Flight Pass Mispricing National Class Action

Air Canada Flight Pass National Class Action (Authorized)

 

Update (August 9, 2017):

The Superior Court of Québec has set September 8, 2017 as the deadline for opting out of the class action. If you wish to remain in the class action, no action is necessary. Please see the summary and full notices below for further details. Our news release can be found here.

  1. Summary Notice (English)
  2. Summary Notice (French)
  3. Full Notice (English)
  4. Full Notice (French)

The Superior Court of Québec has just authorized a national class action to be commenced against Air Canada relating to the Flight Pass mispricing incident that occurred on the Air Canada website around August 26, 2015.

The class action lawsuit will seek to claim compensatory damages and/or punitive damages from Air Canada for the mispricing incident. The Superior Court’s reasons for authorizing the class action to proceed on the merits can be found here.

The Superior Court of Québec has appointed the following lawyers as class counsel for this class action lawsuit:

  • Simon Lin of Evolink Law Group (Vancouver, BC) – simonlin@evolinklaw.com
  • Jérémie John Martin of Champlain Avocats (Montréal, Québec) - jmartin@champlainavocats.com
  • Sébastien Paquette of Champlain Avocats (Montréal, Québec) - spaquette@champlainavocats.com

For further questions please contact us at flightpass@evolinklaw.com


On August 31, 2015, a proposed national class action was filed in the Superior Court of Québec alleging that Air Canada broke Québec’s consumer protection laws. Air Canada advertised and sold discounted flight passes to consumers. Subsequently, Air Canada revoked all the discounted flight passes.

This consumer protection class action seeks, among other things, a Court order requiring Air Canada to compensate affected consumers for the loss of the flight passes as well as compensatory and punitive damages for misleading consumers.

If the action is authorized by the Superior Court of Québec to proceed as a class action, you will be automatically included as a class member. To receive updates on the progress of this lawsuit, please subscribe to our Mailing List below. Joining the mailing list does not create any financial obligation.

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Please safely keep records of the correspondence with Air Canada including confirmation emails, credit card receipts, cancellation emails and any screenshots.

January 27, 2017

 The Superior Court of Québec has certified/authorized the class action to proceed to a merits trial
December 15, 2016 

The authorization motion took place at the Superior Court of Québec in the District of Montréal

September 16, 2016

The Superior Court of Québec will hear arguments from the plaintiff and Air Canada on whether the proposed class action can be authorized to proceed as a class action.

February 5, 2016

Deposition of the proposed representative plaintiff

December 23, 2015

Hearing for Air Canada’s pre-authorization motion to depose the representative plaintiff

October 26, 2015

A Case Management Judge was assigned to manage the proceedings.

August 31, 2015

A proposed national class action was filed in the Superior Court of Québec.

  1. Am I part of this class action?

The class action is a national class action. It covers all residents of Canada who purchased the discounted Flight Pass on or around August 25-28, 2015 and subsequently had it revoked from their accounts.

All class members will be automatically included in the case once the case was authorized. At this time, there is no action required to be part of this  class action. The authorization hearing was heard on December 15, 2016. On January 27, 2017, the Superior Court of Québec has certified/authorized the class action to proceed to a merits trial. 

 

  1. Do I need to take any action to be part of this case now?

No action is required at this point. However, please keep records of any correspondence including confirmation emails, cancellation emails, credit card statements, credit card authorizations, credit card refunds, etc. This information may be necessary after the authorisation of this class action.

 

  1. Can I still commence an individual action (e.g. Small Claims case)?

This class action does not preclude you from pursing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes. Evolink Law Group cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.

 

  1. Will class members be liable for the Air Canada's legal fees if this class action does not succeed?

Class members are not liable for Air Canada's legal fees if this action does not succeed.

 

  1. When will I hear further information about this class action?

The authorization hearing for this class action has been heard on December 16, 2016 in Montreal, Quebec. The Court has rendered a decision on January 27, 2017. and authorized the class action. This case will proceed to a trial, subject to Air Canada’s right to seek permission from the Quebec Court of Appeal for permission to appeal. 

We will notify those that have signed up to our Mailing List on the next steps and when they expect a notice from the Court.

 

  1. What are we asking for in this class action against Air Canada?

This class action is seeking to recover compensation from Air Canada for not honouring their advertised price. The compensatory damages we are claiming include the price difference between the advertised price (approximately $790) and the alleged regular price (approximately $8000) of the Flight Passes. In addition, this class action is seeking to recover interest and punitive damages. The amount of punitive damages will be decided by the Court at trial.