by Jen Mallia
Last updated: 2:05 PM ET, Fri January 16, 2026
The Quebec Superior Court has approved a class action suit against Air Canada that alleges the airline miscategorized reasons for flight delays, meaning they did not have to pay out passenger compensation.
The issue, according to the suit launched by Slater Vecchio LLP, is that Air Canada classified delays that were due to staffing issues as “safety issues.” According to Air Passenger Protection Regulations (APPR), safety-related issues are considered to be beyond an airline’s control, so passengers are not eligible for compensation like they would be for staffing related delays (which are in an airline’s control.)
The decision by the court means that the legal action is allowed to proceed, but doesn’t evaluate guilt, as Air Canada pointed out in a statement to CTV News. “It does not contain conclusions of any wrongdoing. It is a preliminary authorization, which may lead to a trial,” stated the airline. “With respect to this case, the particular question of crew constraints being coded to safety was investigated by the CTA and no systemic issues were found, and no fines were levied.”
According to the law firm, the class action seeks “payment of the compensation provided for in the APPR for the inconvenience suffered, as well as interest and additional compensation provided for by law,” for passengers between Dec. 15, 2019, and Aug. 7, 2022, who arrived at their final destination a minimum of three hours late on flights operated by Air Canada, Air Canada Rouge or Air Canada Express when the delay was attributed to staffing issues or shortages.
“This decision is an important step to providing access to justice to these passengers, and the class action is a vehicle through which these class members may now seek access to justice,” said Saro Turner, partner at Slater Vecchio LLP.
Travellers who believe they are eligible to join the suit can learn more on the Slater Vecchio LLP website.
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