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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 can’t even think of how many times the post office did not even ring the bell and dropped a parcel pick up card. Then the same old thing you go to the post office and it’s not there. Run by idiots. Waste my time my fuel and they could care less. Without taxpayers money keeping them afloat would be bankrupt long time ago
We sent a box of photos, and letters of love, on April 8 via Tracked Packet – International to my partner’s uncle as he was dying alone in hospital in Ireland (no visitors because of Covid). We were assured it would be there in under 3 weeks, but it did not arrive until June 12. He passed away on May 23. Canada Post has refunded us the shipping charge, but not for the contents.
hi, i bought a plant on etsy and paid for the xpress 3 day shipping which the seller paid for, the company sent my parcel on nov 2nd 2020, today i spoke with a support member from canada post because my tracking says expected delivery date on the 10th and she told me it could go as long as the 16th before delivery.
when i asked why since i payed for 3 days xpress i was not given a answer. to me this straight up fradulant because they never had the intention of making the 3 day delivery, it was just take the money and run.
It took over 4 months to get re-imbursed from Amazon due to postal delay.
I had parcel that i tracked to canada post.one day they found it next day they lost it this happened withover4 items.
Yes, actually, there are a few orders I’ve filed a few months ago. I filed orders with Wish in January that I am STILL waiting for more than 8 months later.
Other things, some from Wish & others from Ebay .(who is SUPPOSED to be so good at speedy delivery), were ordered between February & June.
Totalled up, there are (if memory serves correctly) 5 different items I’m still waiting for. The 1st was only 1 item, as I said from Wish, whereas the 2nd order was in April for 3 items, also from Wish & 1 was a re-order of the item that never showed up in January. Finally, I got tired of disappointment & losing money with Wish, so I started ordering DVD sets from Ebay. 6 orders in total, all but 1 has arrived. The complete season 7 of “Buffy The Vampire Slayer”, which finishes my collection was (with “unavoidable delays”, according to Ebay) was ordered in June & delay after delay, it was supposed to be here by mid-August ???
Yes I ordered many items online that were beyond reasonable delivery times given the price it was for shipping
Sign me up !
I just paid $150 for priority shipping for one of my customers. The parcel was dropped off on Monday morning, and as of today, Thursday morning, it has still not arrived. According to the tracking information, it sat for two days in Mississauga before finally arriving in Halifax three days after being shipped. It has not yet been delivered as I write this email.
As on-demand pick-up fees have been reinstated by Canada Post, I took that to mean a return to normal, and assumed that shipping guarantees would also be reinstated.
I went to the website to submit some tickets for late deliveries, including this one. The system allowed my to input all my information – probably about a 2-3 minute process filling in info for the ticket creation. There is no verbiage around the fact that guarantees are no longer in place. After submitting the tickets, I checked their states, and they are all immediately and automatically closed. I then receive an email stating that the on-time delivery guarantees are not being honoured.
Why is Canada Post charging a ridiculous premium for Priority shipping, when they are not motivated or accountable to delivering what I paid for? This seems very wrong to me. No private corporation would be allowed to get away with this.
What is my recourse? Or am I just a Canadian sucker how assumed that a crown corporation would operate in good faith, and got burned?
few things can lead to this bad service. Terrible management team, it has to be!!! also ive noticed some of the delivery workers are just lazy UNION workers. Problem is these shitty workers taking advantage of union and not doing their job.
Not lazy union workers! The place is so badly managed that any other business would have collapsed long ago! I worked there for 35 years and it blows my mind how the public thinks that unionized people are lazy. Wake up!
I’ve got 17 years in and its a disaster from upper management straight down to supervisors. We are the punching bag for their incompaatance. How can you have supervisors that have never done the job in their life be able to tell us what and how the job should be done. I’m only 47 years old and can’t take the abuse and emotional harrassment. Things need to change.
Canada Post blames COVID19 but I haven’t had packages listed as drop at the door delivered to my door in over a year. I complained to a supervisor and the door delivery improved for a short while. My deliveries are now back to showing as attempted delivery.
Also, I recently had a package from the USA shipped to me using expedited service. I signed up for status messages via USPS. I received a message from USPS that there was an attempted delivery and the package was subsequently delivered to the post office ready for pickup. However, I did not receive the Canada Post slip until the next day. When the slip was delivered it was dated the day prior. The slip also showed that it was ready for pick up but when I went to retrieve the package the second time, it was still not at the post office. I went to the post office 3 times before I was handed over my package.
I want a refund for mileage and time spent.