Airlines Flight Cancellation Class Action
Sotos LLP is working in collaboration with Miller Titerle Law Corporation to launch a proposed class action in British Columbia against Air Canada, WestJet, Air Transat, Pacific Coastal Airlines and Swoop. The class action seeks to represent consumers who purchased airfares and did not receive refunds for the cancellation of flights scheduled between March 1, 2020 and the date the class action is certified.
The case seeks compensation for breach of contract and damages for the defendants’ unfair and deceptive business practices in representing to airfare consumers that they are not entitled to refunds for cancelled flights during the relevant period. In the alternative to breach of contract, the case seeks restitution for the amounts paid by consumers for airfares for flights that were cancelled by the defendants.
The defendants offer domestic and international flight services. Prior to and during the COVID-19 pandemic, the defendants cancelled the majority of their scheduled flight services and in turn offered consumers travel vouchers or flight credits in sums equivalent to the unused portion of consumers’ airfares instead of providing them with refunds.
The plaintiff alleges that the defendants breached the terms of the contracts in place with himself and consumers in the class and that the defendants breached provincial consumer protection laws when they misrepresented consumers’ entitlement to compensation for cancelled flights.