Proposed class-action lawsuit alleges Air Canada fails to refund fees to no-shows
A Montreal lawyer is seeking the court's permission to launch a class-action lawsuit against Air Canada over non-refundable ticket fees.
The lawsuit is on behalf of a passenger who didn't show up for a flight between Miami and Montreal on April 28, 2023. The person was told by the airline that because he bought a basic economy ticket, he wouldn't be refunded.
"This is wrong, this is misleading, it's false because, by law, they absolutely have to refund you a portion of those taxes that were collected," said the plaintiff's lawyer, Joey Zukran, in an interview with CTV News on Tuesday.
Zukran claims that the taxes and some other fees should be given back to the purchaser. About 3 to 6 per cent of tickets sold are so-called no-shows, according to Zukran, who estimates the lawsuit could be worth hundreds of millions of dollars.
"Instead of refunding the consumer remitting them to the authorities, which was the purpose for collecting them in the first place, what Air Canada does is keeps them in their coffers. So we're talking about millions, maybe tens of millions [of dollars], and maybe more over the years," he said.
The lawyer said his client was billed $91.31 USD in taxes and fees that were eligible to be refunded.
"Air Canada collects portions of taxes," he said, such as the September 11 Security Fee (SSF) and the Animal and Plant Health Inspection Service (APHIS) User Fee, "and don't remit them to the authorities when the passenger is a no-show."
The proposed class-action alleges Canada's flag carrier "misleadingly and unlawfully states" that passengers' tickets are non-refundable when, in fact, "a portion of these tickets is refundable according to Air Canada’s Policy."
The legal challenge, filed last December by the Montreal law firm LPC Avocats, is open to anyone worldwide who bought an Air Canada economy basic or standard ticket on an international flight who didn't show up for their flight and were not refunded taxes, fees, and additional charges that weren't collected by the authorities. It seeks to obtain punitive damages that will be determined by the court.
A judge has not yet authorized the class-action lawsuit to allow it to proceed.
According to a court filing, Air Canada has challenged the court's jurisdiction over the case since the plaintiff does not reside in Quebec.
"This is an exceptional situation in which the Court should exercise its discretion to decline jurisdiction over an application for authorization to institute a class action by a person who not only does not reside in Quebec, but does not reside in Canada," the court document states.
CTVNews.ca Top Stories
'Unruly passenger' forces WestJet flight to make emergency landing in B.C.
A WestJet flight heading to Calgary had to make an emergency landing in northern B.C. Monday due to an incident involving an 'unruly passenger,' Mounties say.
The double-level airplane seat is back. This time, there’s a first-class version
It’s the airplane seat design that launched a thousand memes and kickstarted a media storm. And now the double-level seat is back – only this time, with a twist.
Three people shot to death in tiny South Dakota town; former mayor charged
Three people were shot to death in a small South Dakota town, and a former law officer who once served as the town's mayor is charged in the killings.
Debunking the 'anti-sunscreen' movement: Doctors say TikTok trend is dangerous
Dermatologists are sounding the alarm about misinformation from the anti-sunscreen movement, saying not wearing sunscreen can cause cancer and other problems.
Poilievre Conservatives offer to help Trudeau Liberals pass foreign interference bill
Pierre Poilievre's Conservative Party is offering to help Prime Minister Justin Trudeau's Liberal government pass a piece of legislation aimed at countering foreign interference in Canada.
Ont. university says professor fired over 'unethical' sexual relationships with students
An associate professor at McMaster University has been fired after its board of governors found that he engaged in 'unethical, inappropriate and in some instances exploitative' sexual relationships with students.
Richard Dreyfuss' comments about women, LGBTQ2S+ people and diversity lead venue to apologize
The actor Richard Dreyfuss showed up in a dress at a 'Jaws'-themed event in Massachusetts, where the blockbuster 1975 movie he starred in was shot, and then proceeded to make demeaning remarks about women, LGBTQ2S+ people and diversity.
'Irrefutable evidence': integrity commissioner finds Parole Board member sexually harassed 'several' employees
There is 'irrefutable evidence' a member of the Parole Board of Canada sexually harassed multiple employees, without adequate disciplinary action from management, according to a report by Canada's Public Sector Integrity Commissioner.
'Son of Sam' killer Berkowitz denied parole in 12th attempt
'Son of Sam' killer David Berkowitz, who set New York City on edge with late-night shootings in the 1970s, was denied parole after his twelfth board appearance.