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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.
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
It was supposed to be my wedding trip (April 13-20th)! There were 23 of us and spent over 27,000 on our vacation packages. We want our money back! Transat doesn’t even operate from my location in the fall, so I have no chance at all of getting married in 2020 (if COVID clears up) because I’m stuck with their company.
My husband and I booked an all inclusive westjet vacation to cuba back in January. We booked with the help of a travel agent. We were suppose to leave april 18. The vacation was onviously cancelled. We were only issued westjet dollars for the amount of the trip. I haven’t recieved it yet and was told it could take up to 30 days to see it. Would rather get a refund.
Purchased 3 tickets with Swoop from Hamilton to Edmonton. Called to cancel due to Covid 19. Was told in no uncertain terms refunds were not on the table. Was told I’d get travel credit for three flights, was then given dollar for dollar value instead of three flight vouchers. If the flights increase in cost it will be out of my pocket.
Paid Air Canada for a flight to Scotland this August for my wife & I. I cancelled those plans. All major tourist events we had planned to attend have been cancelled due to Covid. I had travel insurance and contacted AC who in turn instructed me to involve my travel agent. After several emails, my travel agent informed me that AC would give me a credit which had to be used within 1 year of the original booking. After several more discussions with AC, my agent was able to secure a refund minus a $600 penalty fee. I wouldn’t be able to use the 1 year voucher. I elected to accept a refund minus the penalty, thinking the longer I waited, the higher the cancellation penalty & the lower my net refund. AC was not at all sympathetic. My travel insurance provider was a waste of money & equally ineffective in supporting my appeal.
We are owed 8700$ for vacation package from Transat. We were offered credits but we are asking for a fill refund. Credit card company hasn’t been helpful so far.
me and my wife have purchased air flight tickets for Montreal Dubai leaving On March 14, with departure at 18:00 with a return from Rome to Montreal on April 9, Despite I called Air canada few days prior departure to get the cancellation, the agent told me the flight from Rome to Montreal wasn’t cancelled and that if I cancelled the flights, I would get a 600.00$ penalty, if I accepted to postpone, the tip should be done prior October 2020, 12 months after I purchased my ticket.. a few days prior my departure, I tryed to cancell my flight on line but w/o success. On March 14, 15:27 I received a e-mail from Air canada telling me that the Rome Montreal flight was cancelled . How can I registred to be in the class action ?
I purchased a return ticket to fly from Whitehorse to Ottawa may 30th 2019. Air Canada has cancelled the flight and refused to give me a refund. They would only give me a credit good for 24 months to use toward future travel. Personally, I have never had a good experience with this airline, and in the future would not like to be forced to use them. I did not cancel my booking, they cancelled it. I just want the money back so I can book with another airline in the future to go visit my grandchildren.
Same situation for our family with Sunwing. We we set to go to st.martin March 19. Sunwing emailed us March 17 saying to flight has been cancelled and that we would receive full refund on our method of payment. When I called to inquire about refund they said refunds we no longer available. I’ve kept copies of all communications showing they offered refund and not once did they contact me to say otherwise. I’m so happy to see this lawsuit.
Same boat travel is restricted & I have one year of purchase date to reuse credit with a “fee.” This pandemic can restrict travel for who knows how long so I will likely not get anything from this trip. It’s extremely difficult to reach anyone.
We are in the same situation. Flights from Montreal to Honolulu on May 3rd with WestJet have been cancelled and only offered credit but said that if a full cash refund should be available in the future, they will let us know. Return flights on May 18th from Vancouver to Montreal with Air Canada have also just been cancelled but only offered credit. We are six adults in this situation