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A proposed class action lawsuit has been filed against the Canada Post claiming that it failed to deliver on its “accelerated delivery service” offer to consumers.
According to the proposed Canada Post delivery class action lawsuit, Canada Post touted its accelerated delivery service to customers knowing that it could not meet the delivery times it promised due to COVID-19 related delays. Despite this knowledge, Canada Post continued to offer the service and charge customers full price.
Lead plaintiff, Natalia Milewska, filed the complaint in a Montreal court. In it, she alleges that as a part of her online cosmetic business, she utilizes the accelerated service options offered by Canada Post regularly.
The plaintiff says that Canada Post’s accelerated delivery services are integral to her business. She says customers must be able to track packages she sends and she needs the ability to send packages by specific delivery dates.
Natalia claims in the Canada Post delivery class action lawsuit that since March 14, eight of 12 packages she has sent using the service have shown up after their guaranteed arrival date. She says that she has not received reimbursement for the late packages. Further, she says that she and other customers were not adequately warned that the guaranteed on-time delivery offered by Canada Post was not in effect.
According to the complaint, the lead plaintiff has spent dozens of hours tracking late or lost packages due to Canada Post’s delays, as well as contacting consumers about the delays. Milewska says that, in addition to the lost time, she has also lost business, taking a financial hit to her business because of the unforeseen delays.
“While Canada Post is currently warning its customers against possible delays in delivery through a banner at the top of their website, their warning does not mention unequivocally that their on-time delivery guarantee is presently suspended,” says a press release issued by the lawyers representing the lead plaintiffs in the case, according to the Montreal Gazette. “Furthermore, Canada Post continues to charge their customers full price for their accelerated delivery services and refuses to issue refunds for late deliveries, and this, while knowing they currently cannot guarantee their delivery dates.”
The proposed Canada Post late delivery class action lawsuit names several so-called accelerated delivery services offered by Canada Post, including Priority, Xpresspost and Expedited Parcel. The Canada Post late delivery class action lawsuit claims that each of these services comes with a guarantee that the parcel will be delivered on time – after the consumer pays an extra fee.
Usually, notes the complaint, Canada Post allows customers who pay extra for an accelerated delivery service to claim reimbursement if their package does not get delivered on time; however, on March 19, 2020, Canada Post said it was suspending the on-time delivery guarantee.
The Canada Post class action lawsuit claimed that this decision came “abruptly and without warning or consent.” According to the Canada Post late delivery class action lawsuit, Canada Post has the employees necessary to deliver these express packages on time, but refuses to let its employees work any overtime. In addition, since Canada Post is not reimbursing customers for late packages, it is being unjustly enriched by its failing accelerated delivery programs.
The plaintiff says that she and other Canada Post customers would not have paid for the accelerated delivery services had they known that the delivery date was not guaranteed and that they would not receive reimbursement for late packages.
The Canada Post late delivery class action lawsuit seeks to represent those who paid for accelerated delivery service, but experienced delays and were never reimbursed for the service, since March 14, 2020. The lead plaintiff is seeking a full refund for proposed Class Members, along with $100 in compensatory damages and $300 in punitive damages.
The proposed Canada Post late delivery class action lawsuit states that the plaintiff and proposed Class Members are “justified in claiming punitive damages since the defendant adopted a lax and passive attitude, even a behavior of ignorance, recklessness or serious neglect” toward the rights of its customers. Punitive damages will discourage future similar behavior, asserts the Canada Post class action lawsuit.
Further, the Canada Post late delivery class action lawsuit contends that, without legal action, Canada Post’s failure to fulfill its obligations under its accelerated delivery programs will continue to harm customers.
Have you paid for an accelerated delivery service from Canada Post recently? Did your package arrive on time? If not, did you receive a refund? Tell us about your experience in the comment section below!
The lead plaintiff and proposed Class Members are represented by Jimmy Ernst Jr Laguë-Lambert of Lambert Avocat Inc.
The Canada Post Delayed Delivery Class Action Lawsuit is Milewska v. Canadian Post Corporation, Case No. 500-06-001083-209, in the Superior Court of Québec, District de Montréal, Canada.
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42 thoughts onCanada Post Facing Class Action Lawsuit Over Late Deliveries
I sent out some recreational marijuana for my friends bday.
All i get is people hanging up on me. Never delivered. No refund for lost or destroyed package. No refund for shipping. No one will help. Canada post are thieves
I have ordered a number of things from canada post and they have been late with almost every delivery all of whichbi paid for next day day after delivery i tried to get a refund but have never had any luck
I paid nearly $80 to have live embryos shipped from Manitoba to Newfoundland with a 4 day shipping timeframe. 9 days later the xpress package shows up resulting in a very poor hatch rate. Tracked mail seems to move to a crawl soo. As it arrives here on the island, sometimes spending several days in one warehouse claiming delay due to natural disaster however, being that it is 2021, we can see current conditions through webcams and friends sharing information and can clearly see there is no such thing as a natural disaster happening nor has happened in recent times.
Canada Post is saving a fortune for the management since covid came about and had become utterly ridiculous.
I’m currently waiting on 9 pieces of mail, as well as a gift package being being sent to another location. Many of those packages had a departure location of East Canada, and are being delivered to East Canada. Why is it taking weeks to get packages that take a couple days to deliver in reality.
And that’s not even talking about the conditions of the packages arriving. Had one come recently inside a CP plastic appology bag and box inside was soaked with water. So much so that the items were practically falling out. A different package was live plants and the whole thing g looked like it was sent through a washing machine. Plants were uprooted and destroyed telling me they were treated very poorly. Would be interesting to put some g force testers inside a package to see what conditions it actually faces.
Covid was the best money saving thing that could happen to Canada Post.
Add me to the lawsuit
does this also apply to people who have paid extra to have an item delivered to them? I’m tired of paying extra, usually the only option available, only to have my items delayed as Canada post no longer honors their obligations
Can you add me to this lawsuit? Canada Post lost my mail which contained an important document. I even asked my friend to have it Priority express delivered with tracking number to make sure it arrives quick and doesn’t get lost but still their employees common sense and laziness was absent that day. How can you misdeliver a mail with a clearly written address ?♀️?
add me to this lawsuit
Would like to get something like this happening here in NB also.
Have had 6 packages get “lost” as when I suggest stolen I am very quickly and abruptly corrected.
They have already had to pay out for 1 of my lost packages, but now are telling me that I am responsible to contact the seller after they lost the package?
Shows as arrived at Canada Post on Nov 21 2020 at 1312 CST-7 after 14 days in transit. Since that moment it has disappeared.
Canada post used the excuse that it was not scanned into their system?!?!
And??? So someone pocketed the package and accidentally forgot to scan it?
Still don’t see how it’s my responsibility?
Yes I have been paying expedite parcel no refunds no apologies even suspension was informed but sending Christmas gist in November to arrive in January is ridiculous especially tracking was just in transit not considered lost , they said due to Covid19 no guarantee and some facilities closed . Lucky it not important documents. I really wonder how other courier able to meet some justified or satisfactory outcome for delivery in reasonable time frame but not Canada Post
As a employee i 100% agree that action needs to be taken against Canada Post. After 17 years on the job the issue is management. Both supervisors and upper management. The emoyees on the front lines are under so much pressure to get the mail delivered and are repremabded if we are over our eight hours. Canada Post can’t keep quality employee’s because of the demands and threats of discipline. At one time it was a job to be proud of and a majority of us felt that our customers were important and we would absolutely go the extra distance to keep them happy. Unfortunately over the past ten years it has become dismal and a good percentage of us have become emotionally and mentally fragile leading up to severe mental illness such as depression, anxiety and even addiction issues. If a class action law suit should be started and would definitely be in favour of the employee’s. Some of the things I have personally been subjected to is both harrassment and a human rights issue. As a employee of Canada Post i personally believe that more action and continuous legal issues will force the corporation to change or as I believe should be privatized.