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Air Canada plane regarding the class action lawsuit filed against Canadian airlines for not offering passengers a refund for tickets amid COVID-19, instead offering vouchers

UPDATE: On Nov. 26, 2020 a judge ruled that the proposed COVID-19 Canadian airline ticket refund class action lawsuit is outside the Federal Court’s jurisdiction. Even though air travel is reportedly within the scope of federal responsibility, the court struck the Plaintiff’s statement of claim out without leave to amend. The court however, did not weigh in on the COVID-19 flight refund issue itself. 

The defendants argued that “it is plain and obvious that the Federal Court has no jurisdiction in this matter.” The judge agreed, ruling that the claim was more of a contractual dispute. This means the proposed class action lawsuit will need to be heard in provincial courts to, potentially, be certified.

Top Class Actions will continue to update this COVID-19 Canadian airline ticket refund class action lawsuit as updates become available. Click on the “Follow Article” at the top of this page to get the latest updates about this proposed class action lawsuit by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.


Five Canadian airlines have been hit with a class action lawsuit seeking refunds on behalf of passengers who can no longer use the airline tickets they purchased due to COVID-19 travel advisories imposed by the Canadian government.

Plaintiff Janet Donaldson filed the COVID-19 plane ticket refund class action lawsuit against Swoop Inc., WestJet Airlines Ltd., Air Canada, Air Transat A.T. Inc., and Sunwing Airlines Inc.

“This is a consumer protection class action seeking to enforce each passengers’ rights to a refund for monies paid for their air tickets, when they are not able to travel for reasons outside of the control of the passengers,” the Canadian airline ticket refund class action lawsuit states.

Janet says she used Expedia in January to book a round-trip ticket with WestJet to travel from Vancouver to New York on April 17 and return on April 23. She says she paid $361.39 for the flight, at which time she entered into a Contract of Carriage with WestJet.

According to the COVID-19 Canadian airline refund class action lawsuit, the Class Members all entered into a Contract of Carriage with one of the airline defendants that included an express and/or implied term providing the right to a refund in circumstances outside of the Class Members’ control.

On March 11, the World Health Organization declared COVID-19 a global pandemic due to the highly contagious nature of the virus. Two days later, the Government of Canada issued a travel advisory against non-essential travel outside of Canada and restricting the entry of foreign nationals into Canada. Individuals were also advised to stay home unless it is absolutely necessary to leave.

Janet says she, along with the other potential Class Members, complied with the Government of Canada’s guidance and did not embark on their airline travel plans that they booked before March 11.

Airlines also took initiative and cancelled and/or suspended numerous flights to account for the much lower demand for air travel, the COVID-19 airline ticket refund class action lawsuit alleges.

“Regardless whether the flights were cancelled/suspended by the Defendants, or the Class Members adhering to the Declaration to not commence their itineraries, all of the Defendants failed to provide the Class Members with refunds of the monies they paid to a Defendant under their respective Contracts of Carriage,” according to the COVID-19 Canadian airline ticket refund class action lawsuit.Drawing of upset passengers regarding the class action lawsuit filed against Canadian airlines that refuse to refund passengers plane tickets amid COVID-19

Janet alleges the defendants implemented new policies that would allow them to keep Class Members’ money and offer travel credits instead of a refund. She says the airlines are essentially forcing Class Members to “forego their fundamental right to a refund” and instead spend their money to purchase future travel with the same airline, even though the Class Members may not wish to book a trip with that airline in the future.

Janet filed the Canadian airline ticket refund lawsuit on behalf of herself and a proposed Class consisting of anyone who entered into a Contract of Carriage with any of the airline defendants for travel on a flight scheduled between March 13, 2020 and the date the Government of Canada withdraws its COVID-19 travel advisories, and who has not received a refund.

The COVID-19 airline ticket refund lawsuit also seeks to represent a subclass of Class Members whose flights were cancelled and/or suspended in response to the COVID-19 crisis from March 13, 2020 until May 31, 2020 for Westjet and Swoop and April 30, 2020 for Sunwing, Air Transat and Air Canada. Janet notes that these dates may be changed if the court decides to do so.

Last week, the Canadian Transportation Agency posted a “Statement on Vouchers” on its website. According to the statement, some airlines have contracts that provide for refunds in certain circumstances, “but many have clauses that airlines believe relieve them of such obligations in force majeure situations.”

The CTA concluded that it is appropriate for air carriers “to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time.”

Attorney Simon Lin notes that this CTA statement is meant to provide guidance about how to handle an unprecedented situation and is not legally binding.

The Canadian airlines ticket refund class action lawsuit is an important step toward helping travelers get refunds for their flights, but it won’t provide any immediate relief. Consumer advocates recommend contacting the airline directly to demand a refund based on the terms of the contract. If the airline fails to issue the refund, consumers may be able to dispute the charge on their credit card.

Did you buy a plane ticket that you now cannot use due to the COVID-19 travel advisories? Tell us your story in the comment section below! 

Janet is represented by Me. Jérémie John Martin and Me. Sébastien A. Paquette of Champlain Avocats and Simon Lin of Evolink Law Group.

The COVID-19 Canadian Airline Ticket Class Action Lawsuit is Janet Donaldson v. Swoop Inc., et al., Case No. T-428-20, in Ontario Federal Court, Canada.

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52 thoughts onCanadian Airlines Facing Class Action Lawsuit Over COVID-19 Cancellations

  1. Brad says:

    We booked a Trip with swoop in 2020 we were supposed to fly to Calgary in Aug of 2020. They had moved our flights 2 times then cancelled eventually cancelled them all together and when i called to receive out money back which was $1100 they tried to tell me that they didn’t cancel the flights and that all flights were operating normally at that time. Then they just switched it to a credit which ran out and we lost our money entirely. Swoop is so shady the way they do everything.

  2. Adrienne says:

    We booked 4 tickets to Maui through Expedia (paid September 2019) well in advance of COVID. The airline is United Airlines and we were traveling from Canada. We were to fly on March 16, 2020 and just days before our flights the government of Canada posted a travel advisory about international travel and recommended that no one fly out of the country. Our flights still left because, presumably, US citizens needed to get home. We called Expedia and they gave us travel vouchers. We still cannot use them. We have health issues that makes flying too risky in covid times. The travel landscape and parameters have completely changed from our original booking in September 2019. We are unable to use our vouchers and have requested a refund. Expedia will not give a refund citing that the airline is not giving a refund. United Airlines will not give a refund because our flight was not cancelled. We were not able to take the flight due to world wide travel advisories.

    1. Pamela May Kitchen says:

      A similar case with us. Our family of 4, two young children. Booked Toronto to Montego Bay May 2019 to fly out March 15, 2020. Called Expedia and was advised by an agent to cancel so we wouldn’t lose anything. Was told they were working with the information and to call back in 4 hours and cxl flights on the app asap. We didn’t get back through for 8 weeks. We were finally given our accommodations back months later by Expedia but we haven’t received anything about a flight refund other than an email after calling for months, saying we have a credit to use by March 2022. We do not want to travel with our children until they are fully vaccinated and we feel comfortable enough to do so.
      Furthermore, up until recently I worked in Healthcare during this pandemic and travel was not advised. Now here we are still in this thing and no answers from WestJet about making exceptions to extending dates or refunding. For people booking trips during this pandemic they are receiving refunds, what about the people who booked prior to the pandemic?
      Any help would be great seeing is that it’s looking like we’re going to lose out on $3500!

  3. Gail DeMers says:

    Booked trips with West Jet my daughter and I for July 2020 Covid hit and was told that vouchers were what they were issuing I told them right then that I wanted a refund and have been battling with them ever since My vouchers expire in Jan 2022 Basically they gave bogus fraudulent vouchers that they knew people would never use and stole our money It’s nothing short of legalized robbery as they are getting away with it Shameful!

  4. Sarah E. says:

    Hi, I booked a trip through Expedia to go to Iceland for a friends wedding in September 2020. Our flight there was canceled through Air Canada but the return flight through Icelandair/west jet was not canceled. With the travel advisory in place, we canceled the return as well. Air Canada refunded what was owed but I’m now being bounced around from Expedia and Iceland Air. Expedia shows I have a credit for Icelandair but it’s going to expire in a month if I don’t book. I’ve probably spent 20 hours dealing with this and trying to get them either extend the credit for another year since we’re still in lockdown or refund with no luck. As a consumer who has always book through Expedia, I’m so disappointed. I’ve asked for a supervisor and get the reply “no”. Class action for Expedia anyone?

  5. Chris Girard says:

    Same here
    I had two tickets for my daughter and myself for Nova Scotia. Flight was cancelled by Swoop. They gave a voucher i didnt want. I want my $700+ for the two tickets. It was the only time my daughter and i could of went. They need to refund everyone effected their money .

  6. Sheryl says:

    Same story here. Trip would have been cancelled, but because I cancelled it first (knowing it wasn’t going to happen) I am not worthy of a cash refund by WestJet. Instead I get a two year voucher I am unlikely to be able to use. It’s theft. It’s not okay that they are using customer money to stay afloat while bragging that they lead the industry on refunds.

  7. Mark Mangov says:

    sue them all!

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