Air Canada Flight Pass Expiry and Fees Class Action
Air Canada Flight Pass Expiry and Fees International Class Action
**Last Updated January 24, 2020**
On August 16, 2017, Champlain Avocats (Montreal) and Evolink Law Group (British Columbia) filed a proposed class action in the Superior Court of Quebec. This proposed class action was filed against Air Canada on behalf of all consumers anywhere in the world who purchased a Flight Pass with a fixed number of flight credits since August 16, 2013.
The lawsuit claims damages, interest, and punitive damages from Air Canada for imposing expiry dates and/or fees on the Flight Passes in breach of Quebec’s Consumer Protection Act
- 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-expiry@evolinklaw.com
If the action is authorized by the Superior Court of Québec to proceed as a class action, you may 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.
Please safely keep records of the correspondence with Air Canada including confirmation emails, credit card receipts, cancellation emails and any screenshots.
| Summer 2020 | Anticipated hearing date of appeal. |
| December 10, 2019 | Appeal of the Superior Court's dismissal of the authorization application. Adjourned to 2020. |
| February 4, 2019 | Plaintiff's Filing of the Notice of Appeal |
| January 30, 2019 | Superior Court's dismissal of the application for class action authorization |
| August 16, 2017 | A proposed international class action was filed in the Superior Court of Québec. |
1. Am I part of this class action?
The class action is a putative international class action. It will be seeking to cover all class members who purchased a consumer Flight Pass (consisting of a fixed number of flight credits) from August 16, 2013 up to the date of authorization of the class action.
The main allegation in this class action is that the consumer Flight Passes contravene the Quebec Consumer Protection Act because it charges fees and imposes an expiry date relating to the use of the flight credits.
All class members should be automatically included in the case once the case was authorized, subject to determination by the court. At this time, there is no action required to be part of this class action but we encourage you to sign up to our mailing list to receive updates. The authorization hearing will be scheduled shortly.
2. 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 for purchasing the flight pass or redeeming the flight pass, credit card statements, credit card authorizations, credit card refunds, etc. This information may be necessary after the authorization of this class action.
3. 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.
4. 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.
5. When will I hear further information about this class action?
The authorization hearing for this class action will be scheduled shortly.
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.
6. What are we asking for in this class action against Air Canada?
This class action is seeking to recover damages and/or compensation from Air Canada for imposing expiry dates and fees on the consumer Flight Passes contrary to the prepaid card provisions under the Consumer Protection Act. 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.