Quebec COVID-19 Class Action Against Ski Hill Operator Can’t Go Ahead, Judge Rules for the First Time

A class action lawsuit alleging a Quebec ski hill operator breached its contract with consumers when it had to close during the pandemic has been shot down by a judge.

The class action lawsuit was filed against the popular ski hill resort owner and operator, Station Mont Tremblant June last year, after the skil hill was forced to close in mid-March last year due to a local government order, for public safety, The Lawyer’s Daily reported.

The group sought certification of the class based on their allegations that they were owed partial reimbursement of fees paid by ski pass-purchasers. They alleged their contract with Station Mont Tremblant promised them 113 fixed days for skiing, which they didn’t get.

In the class action, skier Barry Nashen said he paid $567.25 including taxes for a 2019-2020 Tonik ski pass on April 16, 2019. The ski resort reportedly advertised this Tonik ski pass as providing 113 “fixed days” on the snow. He was provided with a calendar that showed the Tonik Pass actually offered 119 “fixed days.”

Barry says he specifically chose the Tonik ski pass because of the “fixed days” of skiing it offered.

However, in a decision posted April 13, Quebec Superior Court Justice Chantal Corriveau refused to grant class certification, and scolded the group for filing the class action without a copy of the contract, The Lawyer’s Daily reported.

“Given the failure by the applicant to provide a contract that governs the parties, must the Court close its eyes and simply apply the reasoning put forward by them to determine whether the conclusions being sought seem to be justified?,”  Justice Corriveau wrote.

The judge said, when she did get a copy of the contract, which was provided by the defence, she found it contradicted the groups’ allegations.

She said the contract didn’t guarantee 113 fixed days for skiing. Instead it said the maximum number of days a pass holder could use the pass for was 113 days. The contract was also clear that the ski pass was non-refundable, she said.

The class action lawsuit’s demise showed the importance of providing supporting evidence when filing a claim, The Lawyer’s Daily reported. It said it was the first instance of a coronavirus-related claim being denied certification in Quebec.

Meanwhile, some people are getting refunds amid the pandemic. Canada’s federal government recently reached a $5.9 billion financial aid deal with Air Canada that will see customers who had their trips with the airline cancelled due to COVID-19 reimbursed.

The news comes after the government reached a second similar deal with Air Transat for $700 million.

Have you requested a refund from a company due to COVID-19 closures? Tell us your story in the comment section below!

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