Class action lawsuit against Air Canada: A two-tier system for passengers?

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As a representative of the law firm BGA Inc., which represents the plaintiff in a class action lawsuit against Air Canada approved in 2011, Proactio announces that some of the affected individuals are now excluded from the class action lawsuit.

Court rulings and exclusions

The Quebec Superior Court’s ruling of February 21, 2019, subsequently affirmed by the Court of Appeal on May 25, 2021, partially ruled in favor of the plaintiff. However, the classes were amended to exclude purchases made outside of Quebec. Therefore, the final judgment rendered in this class action is not binding on the excluded individuals. Those individuals may exercise their rights, including the right to file their own lawsuit in the province where they made their purchase, subject to the applicable statute of limitations.

Persons excluded from the class action lawsuit

Excluded are, among others:

• Canadian residents who paid additional fees to Air Canada for an adjusted seat and/or a companion seat on a domestic flight operated by Air Canada or one of its authorized agents between December 5, 2005 and December 5, 2008 outside Quebec, regardless of whether they:
• People with a disability (handicap) or recognized functional disability due to obesity
• Accompanying persons of a person with a disability (disabled)

Continuation of class action lawsuit over purchases in Quebec

As for the purchases made by the class members in Quebec during the same period, the class action will continue. After the ruling favoring the purchases made in Quebec, the court will decide on the distribution process.