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
BREAKING B.C. serial killer Robert Pickton dead following prison attack
Convicted B.C. serial killer Robert Pickton, who preyed on women he lured from Vancouver's Downtown Eastside to his rural pig farm, has died.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
DND moving 1,000 employees out of Ottawa office building due to safety concerns
The Department of National Defence is moving approximately 1,000 employees out of an office building in Ottawa's Lowertown neighbourhood, citing safety concerns for its employees.
Baby dead after being delivered via emergency C-section to woman who was in police custody
A newborn is dead after being delivered via emergency C-section to a woman in police custody.
Biden speaks after Donald Trump's conviction in hush money case
A day after a New York jury delivered a historic guilty verdict in Donald Trump's criminal hush money trial, the presumptive Republican presidential nominee held a press conference Friday where he spoke publicly about the conviction and his White House bid.
These are the recalls in Canada this week
Health Canada recalled various items this week, including more unauthorized products, counterfeit drugs and bassinets.
Jennifer Lopez cancels summer tour: 'I am completely heartsick and devastated'
Jennifer Lopez has cancelled her 2024 North American tour, representatives for Live Nation confirmed to The Associated Press.
How did Ontario's bankrupt 'Crypto King' travel the world on Scene+ points?
Newly released documents suggest Ontario’s so-called ‘Crypto King’ paid for months of world travels with $13,000 worth of Scene+ points while bankrupt – but how?
Mediterranean diet helps women live much longer, a large new study finds
Women who closely followed a Mediterranean diet lived much longer than those who did not, according to a new study that followed more than 25,000 women for 25 years.