Air Canada Owes Passengers $10 Million

The Quebec Court of Appeals has overturned a lower court’s ruling (which assessed no damages owing) and is awarding $10 million to participants in a class action suit against Air Canada.

The lawsuit was launched in response to air passengers who booked tickets between June 30, 2010 and Feb. 8, 2012 that were misled when the price stated at the beginning of the booking process was not what they were ultimately charged by the airline, once extra fees were calculated. 

In her ruling, Justice Judith Harvie wrote that the airline showed ignorance and laxity in its interpretation of the Quebec provincial Consumer Protection Act. Air Canada has argued that since air transportation generally falls under federal jurisdiction, it had operated under the understanding that it was exempt from the act before the law was clarified in 2012. 

Related: Court Rules Air Canada Overstepped on Visa Cancellation

 

In her French language ruling, the judge stated, “The fault is serious, deliberate and affects a large number of consumers. Air Canada has put its own commercial interests first, demonstrating a serious lack of concern and care for consumers. An award of punitive damages is necessary to denounce this behaviour," according to the Canadian Press report.

The $10 million in damages amounts to $14.45 per ticket sold to class-action group members. Some members of the suit were charged significantly more than that. Michael Silas, who along with a consumer advocacy group brought the suit, says he was charged $124 more than the price he originally saw. The Union des consommateurs said it is weighing whether to file an appeal after the court declined to order full reimbursement for all "unlawfully charged fees," the advocacy group said.

 

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