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WeirFoulds LLP | Canada | 11 Aug 2021

Quebec Superior Court allows class action against Sunwing but not other airlines

The Quebec Superior Court recently allowed a class action to proceed against Sunwing Airlines on the grounds that it had offered passengers travel credits rather than refunds for flights cancelled due to the covid-19 pandemic. However, the Court did not allow the claim to proceed against other air carriers that had also initially offered some passengers travel credits instead of refunds but......
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WeirFoulds LLP | Canada | 9 Jun 2021

Contents of cockpit voice recorder released in class action

In a recent case, the Nova Scotia Court of Appeal upheld a lower court's authorisation of the conditional release of the contents of a cockpit voice recorder (CVR) to the parties to a class action. The appeal court unanimously affirmed the motion judge's holding that the public interest in the proper administration of justice outweighed the statutory privilege attached to the CVR.
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WeirFoulds LLP | Canada | 14 Apr 2021

Court certifies two passenger class actions against WestJet

The British Columbia Supreme Court recently certified two class actions against WestJet. In one, the central allegation was that WestJet had charged baggage fees despite stating in its tariff (at least in part) that the first checked bag would be carried for free. In the other, the one-year expiry on travel credits issued by the airline was alleged to violate consumer protection legislation......
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WeirFoulds LLP | Canada | 24 Feb 2021

Air carrier avoids liability for refusal to transport disruptive passenger

The British Columbia Civil Resolution Tribunal recently ruled on a dispute involving an air carrier which had refused to transport a disruptive passenger. This decision lays out the type of evidence which a carrier should be prepared to present to avoid liability and serves as a reminder to passengers that they have an obligation to be respectful while travelling.
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WeirFoulds LLP | Canada | 23 Dec 2020

Filing insurance certificates with Canadian Transportation Agency

Air carriers offering scheduled international services to or from Canada must, by virtue of the Canada Transportation Act, file proof of insurance each year as a condition of maintaining their licence. Historically, the Canadian Transportation Agency has, in some instances, allowed for leniency in the form of granting extra time for air carriers to file the proper certificates. However, a......
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WeirFoulds LLP | Canada | 2 Dec 2020

Should expert reports on Montreal Convention be allowed in challenge to APPRs?

Even before the first tranche of Air Passenger Protection Regulations (APPRs) provisions came into effect, the International Air Transport Association, Airlines for America and numerous Canadian and foreign air carriers commenced a challenge to the legality of several provisions in the Federal Court of Appeal (FCA). The FCA recently issued a decision in a motion brought by the government to......
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WeirFoulds LLP | Canada | 18 Nov 2020

Air passenger rights group challenges CTA statements on COVID-19 vouchers

In March 2020 the Canadian Transportation Agency (CTA) issued public statements suggesting that it could be reasonable for airlines to provide travel vouchers for flights cancelled as a result of the COVID-19 pandemic, rather than providing refunds. An advocacy group commenced an application for judicial review of the statements, asserting that they violated the CTA's Code of Conduct and......
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WeirFoulds LLP | Canada | 5 Aug 2020

Transportation Appeal Tribunal of Canada unable to consider costs after withdrawal

The Federal Court of Canada recently upheld a Transportation Appeal Tribunal of Canada (TATC) decision which had found that the TATC did not have jurisdiction to accept submissions regarding the legal costs of an air carrier's application for a review of an administrative monetary penalty issued by the Canadian Transportation Agency. The court held that as the penalty had been unilaterally......
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WeirFoulds LLP | Canada | 22 Jul 2020

Passenger's fall due to unsteadiness not an accident under Montreal Convention

The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled in favour of an air carrier, dismissing a passenger's claim for compensation arising from an alleged fall sustained while exiting the aircraft. In its decision, the BCCRT considered and opined on what constitutes an 'accident' under Article 17 of the Montreal Convention. This decision also provides helpful guidance on the......
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WeirFoulds LLP | Canada | 29 Apr 2020

Proposed class action claims refunds for flights cancelled due to COVID-19

Air Canada, WestJet, Air Transat, Sunwing, and Swoop are facing a proposed class action for offering vouchers and credits in lieu of refunds for flights that were cancelled due to the COVID-19 pandemic. It remains to be seen whether a class action with such a wide scope – as opposed to a government bailout or coordinated response from regulators – will be considered the most efficient way to......
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