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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
When my express Canada Post parcel was a week late I called Canada Post twice to complain and ask them to put a trace on it… two days later my parcel was tossed in my driveway in front of the garage (not on the porch as it should have been), the packaging ripped and torn.
Numerous times I pd for 2 day delivery plus insurance, delivered after 1 week, sent a parcel to Quebec again pd for 2 day delivery, plus insurance, 3 weeks later it was delivered, sent a parcel to my granddaughter, pd for 2 day delivery plus insurance and again over a week it was delivered, no one told me at the post office that it would be delayed, trying to get in touch with canada post was a nightmare, finally went with purolator,
paid for express on a lot of my stuff, to recieve by tomorrow and have had to wait up to 3 weeks for overnight sometimes.
I’ve had stuff ordered since April that have not come as of yet and it’s now mid July
Several of my packages have taken days and weeks to arrive! I’ve paid for Xpress post and they should be delivered in 1 business day!
My package took 21 business days instead of the 1-3 that was claimed. The next day another package from Purolator came in 2 business days instead of the expected 3. Canada post is using the pandemic as an excuse for incompetency. I would even understand a package taking double the time, as they have half the staff working, but 7x the maximum estimated amount of days is unacceptable.
How can I join this class action lawsuit ?
I have had to wait on a parcel well past its due date and did pay extra for expedited parcel
I have paid Xpresspost shipping at checkout on a merchant website in Ontario with tracking and the package was delivered a week late.. I was not reimbursed for the extra costs I had paid for the Xpresspost fee. If I had known it take that long I would have just shipped standard!
I feel cheated honestly, and I’ll never ship Canada post again after this and the latter incident below..
More recently, I had a return shipment placed on July 3rd in Montréal, Quebec with a guaranteed delivery for July 6th.. July 7th I had a status update that the package was “out for delivery” and expected by end of day in Mississauga, ON.. Then at the end of the evening on July 7th I get another prompt in my email that status was pending.. Turns out my package hasn’t even left the Montréal sorting facility.. It’s been sitting there for 12-days with no movement..
It was within the policy that the shipment be expedited and back in the merchants hands by July 14th; Which I was well before… Now it doesn’t look like I’ll be reimbursed at all..
I had phoned Canada post today, and they said that they’re good and the claim for reimbursement is up to the merchant and they’re not accountable. I would just like to be reimbursed for the losses of the value of the product as Canada Post didn’t deliver when they said they would.. Seem fair?
This is absolutely unreasonable and insane that it takes more than 2 weeks to ship between Montreal and Toronto, when I could order through DHL from China and receive my package in 8 days!
I have paid for express and had to wait long after it is due.