UPDATE (January 18, 2012): The Supreme Court of British Columbia has dismissed the airline's argument that British Columbia's consumer protection laws are inapplicable to airline ticketing practices. In a joint application, Air Canada and Lufthansa had sought a declaration that as federally regulated undertakings, they are immune from British Columbia's Business Practices and Consumer Protection Act, and as such, the actions should be dismissed. However, Madam Justice Adair rejected the airlines' argument, finding that the provincial legislation neither conflicted with, nor significantly impaired the operation of air carriers as federally regulated undertakings. Subject to an appeal by the airlines, the parties now have 45 days to schedule a case planning conference for the purpose of setting schedules for the hearing of certification applications.
Read the judgment of Madam Justice Adair here.
Read the Vancouver Sun article here.
Proposed class actions have been commenced by Poyner Baxter LLP for the recovery of fees charged to customers travelling from British Columbia to destinations outside of North America and unlawfully misrepresented as "taxes" or "charges" payable to third pary collectors. It is alleged in each case that the airline in question does not pay the funds collected to any taxation authority or any other third party collector but retains all funds collected for their own purposes.
Proposed class actions have been commenced against the following airlines:
- Air Canada
- British Airways P.L.C.
- Cathay Pacific Airways Limited
- Delta Airlines Inc.
- Deutsche Lufthansa Aktiengesellschaft (Lufthansa)
- Japan Airlines Co. Ltd.
To read the Statement of Claim filed in the British Airways action,click here.
To read the press release from the British Airways action, click here.
UPDATE: On January 28, 2011 an application was filed in the Supreme Court of British Columbia on behalf of the defendants, Air Canada and British Airways P.L.C. seeking a declaration that these actions deal with federally-regulated activity and ought to have been brought in the Federal Court of Canada and not in the Supreme Court of British Columbia. The application was argued before the Court in early May 2011 and a ruling has not yet been made.
If you have any questions regarding these proposed class actions please contact us at 604-210-3651 ext 5 or by email.
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