The Quebec Superior Court authorized a class-action lawsuit, in Quebec, against Air Canada over the airline’s alleged misclassification of flight delays between 2019 and 2022.
The lawsuit, brought by Slater Vecchio LLP, alleges the airline improperly labelled certain flight disruptions, including staff shortages, as being outside its control.
Under federal air passenger protection regulations, delays deemed outside an airline’s control can limit or eliminate passenger compensation.
The lawsuit applies to passengers who travelled with Air Canada, Air Canada Rouge or Air Canada Express between Dec. 15, 2019, and Aug. 7, 2022, and who experienced a delay of at least three hours upon arrival at their final destination.
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In a press release, the Montreal-based law firm said the proposed class action is seeking compensation under Canada’s air passenger protection regulations (APPR) for inconvenience, along with interest and any additional amounts permitted by law.
The firm also noted that the allegations made by the plaintiffs have not yet been proven in court.
Passengers who believe they may have been affected by such delays are encouraged to visit the firm’s website for further information and updates on the case.
In an email to CityNews, Air Canada said that the court’s ruling was an authorization of the class action and not a finding of wrongdoing.
“It is a preliminary authorization, which may lead to a trial,” the airline said. “That said, we will defend ourselves vigorously if the case proceeds.”
“Air Canada’s policy is to comply fully with the requirements of APPR. With respect to this case, the particular question of crew constraints being coded to safety was investigated by the (Canada Transportation Agency) and no systemic issues were found and no fines were levied.”
