February 25, 2021



Class Action Against Airlines Delays

The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of canceled flights, to provincial courts. In a decision yesterday, the judge ruled that a proposed class-action lawsuit seeking certification is outside the Federal Court’s jurisdiction, even though air travel is a federal area of ​​responsibility.

Plaintiff Janet Donaldson launched a proposed class action against Air Canada, Air Transat, WestJet Airlines and its Swoop subsidiary after the COVID-19 pandemic struck in March and triggered a global travel industry collapse.

The British Columbia resident says WestJet canceled her flight but initially gave her no reimbursement options, offering travel vouchers instead.

Justice Michael Manson’s ruling strikes her claim on jurisdictional grounds, but avoids weighing in on the merits of the refund issue itself.

A handful of proposed class-action suits are ongoing in provincial courts, including in BC and Quebec, as frustrated customers seek refunds for trips they paid for but never took.

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