Air Transat Direct Flights Class Action Lawsuit Overview:
- Who: The B.C. Supreme Court has rejected a class action lawsuit filed by Jessica Spencer against Air Transat and Flair Airlines.
- Why: The judge ruled Spencer failed to take international aviation law into account when making her claims.
- Where: The class action lawsuit was filed in the B.C. Supreme Court.
The B.C. Supreme Court cited international aviation law while declining to certify a class action lawsuit filed against Air Transat and Flair Airlines by a former Kelowna bride.
Plaintiff Jessica Spencer claimed her wedding was ruined after Air Transat flights she booked through DestinationWeddings.com were forced to make refueling stops despite being advertised as nonstop.
Spencer claimed the return flights, which went from Kelowna to Cancun, required fuel stops that lasted two hours, causing her wedding party to miss activities such as a concert in Cancun.
“The plaintiff claims that the defendants perpetuated a scheme of advertising and selling commercial flights between Canada and Mexico with itineraries represented to be direct flights,” according to the court’s reason for judgment.
Had Spencer known about the fuel stops, she claimed she would have been able to book “different flights” and made “alternative arrangements.”
Spencer claimed the incident caused her, her husband and other members of her wedding party to suffer inconvenience, mental distress, frustration and loss of enjoyment.
The court, meanwhile, determined Spencer had not appropriately considered international aviation law as defined by the Montreal Convention of 1999 and adopted in Canada in 2003.
The convention dictates air carriers would be liable for any damages caused by delays unless it can prove it took all reasonable measures to avoid them, according to the court’s reason for judgment.
Plaintiff Failed To Make Claims Under Montreal Convention
B.C. Supreme Court Justice Janet Winteringham, meanwhile, determined Spencer had attempted to skirt the Montreal Convention in her class action lawsuit, relying instead on domestic common law that did not apply.
“The plaintiff’s claim for breach of contract is not pleaded properly,” Winteringham said. “She relies on domestic common law to make her argument while, in fact, the Montreal Convention applies.”
Spencer, meanwhile, has argued her claims do not fall under the Montreal Convention, contending it has no bearing since “the defendants’ alleged wrongful conduct occurred many months before the flight,” according to the court’s reason for judgment.
A separate class action lawsuit was filed against Air Transat in May 2020 over the airline’s alleged refusal to provide customers with refunds for flights canceled due to the COVID-19 pandemic.
Have you purchased a flight from Air Transat that was falsely advertised as being non stop? Let us know in the comments!
The Air Transat Direct Flights Class Action Lawsuit is Spencer v. Transat A.T. Inc., et al., Case No. 2022 BCSC 145, in the Supreme Court of British Columbia.
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