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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 haven’t had a package shop up on time in months.
I currently have an important package that’s been sitting in Saskatoon for 3 days listed in transit. I usually get my package the next day when listed in transit. It’s still not here today so make it 4 days now.
I ordered a surround sound from Vancouver and it was listed in Burnaby for a week. They lied about the reason for the late delivery and I had a second package that was shipping out of the same area that got here before that one and I ordered that package a week later from the surround sound.
I ordered a package out of the states that took forever to get to Winnipeg. It’s sad in Winnipeg for 3 days before getting shipped out and took an additional week after that to receive.
It’s to the point that I don’t want to order anything from a business if they use Canada Post.
I had a package shipped international express from Fenville Michigan to Calgary Alberta on June 9th.
Arrived in Montreal in June 26th 2020 was sent into customs still sitting somewhere in Montreal customs today August 1st 2020.
Close to 2 months this is first time I have ever had a package go to Montreal & I order at least once a week.
I think my package has gone missing or stolen by Canadapost or customs.
I sent a package to France using the International Tracked Packet service. While this wasn’t an expedited service, I was told it will take 6-10 business days. I mailed the packet on June 20, 2020 and the packet stopped showing any tracking information on June 27th. Then I contact Canada Post using their online Ticket Service on July 20th after receiving no updates on the tracked package. Then m,y packet was finally delivered on July 28, 2020 and I received an apology letter from Canada Post on July 30, 2020.
Had important papers I needed so I got them sent via express post on July 22. I was to receive them in the 23, at 2:34 am on the 23 my letter was processed and put in transit! On the 24 I still hadn’t received it, so I looked it up and looked like they didn’t know where my letter was! The weekend came and went, I was hoping to get it by Monday!!!! On Monday still nothing so I called post Canada, the lady who answered proceeded to read me a 5 minutes story on why my letter might be late, so I ask her, how long has this been going on? A few months was her answer! So on the 22 second when they took my money for express parcel they knew I wouldn’t get it on time and they knew that if they told me about the delay, I would have chosen purolator!
I am seriously disappointed and have had several non expedited parcels arrive before other packages that were paid for xpresspost delivery. I feel like they are incompetent because they laid off workers and are now blaming covid for their slow service. It’s totally unacceptable that we are paying for this kind of sevice.
I ordered many items online over the past few months paying express postage on most and every time my items were late one was for my nana 98th birthday not receiving the item till a week after her birthday both myself complained and the company requested fees back never receiving anything and then I ordered two items for my daughters 23rd birthday from an auction site for jewelry I paid $50 for postage express delivery and $180 for my items it took nearly two months for my items toys delivered yet I never recieved anything , I contacted canada post as a signature was required from myself and they said the post man placed in mailbox I’m still awaiting for answers so Ian out over $200 for jewelry I never recieved and nobody is taking responsability . This is why I hate making purchases through the mail I’m sick to my stomach
I sent 2 express post items since March and neither one has made it to their destination on time. Each envelope costing almost $30. This is unacceptable. If they are going to have delays they should not be charging for express post and telling customers that it will only be 3 days. Not good enough. When I purchase express post envelopes it is for a reason “I need it to get from point A to point B faster than regular mail.
I just want my actual items sent to my house. I hate postal theft by postal couriers and i just want cash sent to me in this postal settlement. Or even better i will shutup for a little while if its doubled and thanks for reading this message.
i use canada post as my main service and they never seem to get any of my delivery estimates on time and have weeks on weeks of delays not sure if its just my packages, I have photo proof and everything so if anyone wants to help me out
I will never again pay for this kind of service with Canada Post.
I’ve been disappointed far too many times after paying the premium price for ‘expedited service’.
I’ve actually had cases in which regularly posted mail arrived ahead of expedited packages to the same address.!
Not worth the effort and the third degree you get when trying to fight for a refund.