Airline Overcharges for Persons with a Disability

Definitions

Additional Fare: individuals who paid additional fares to the Defendants or their authorized agents for the additional seating on flights required to accommodate a Disability;

Disability: a person with a Disability is: (i) someone who is required to travel with an attendant who can provide disability-related care in-flight and/or safety-related services in the event of an emergency or decompression; (ii) someone who, due to obesity, cannot lower the arm rest of a coach or economy class seat; or (iii) someone with a disability that requires additional seating to accommodate that disability.

Proposed Classes

The “Air Canada Domestic Flight Class”, comprised of:

• every resident of Canada with a Disability who paid Additional Fare for a domestic flight operated by the Air Canada Group (defined below) or an agent for the Air Canada Group between December 5, 2005, and December 5, 2008, except those people who paid Additional Fare in Quebec; and
• every resident of Canada who paid Additional Fare to be an Attendant on a domestic flight operated by the Air Canada Group or an agent for the Air Canada Group, between December 5, 2005, and December 5, 2008, except those people who paid Additional Fare in Quebec.

The “Air Canada International Flight Class”, comprised of:

• every resident of Canada with a Disability who paid Additional Fare for an international flight (including a flight to the United States) operated by Air Canada or an agent for Air Canada from December 5, 2005 onwards;
• every resident of Canada who paid Additional Fare to be an Attendant on an international flight (including a flight to the United States) operated by Air Canada or an agent for Air Canada from December 5, 2005 onwards;

The “WestJet International Flight Class”, comprised of:

• every resident of Canada with a Disability who paid Additional Fare for an international flight (including a flight to the United States) operated by WestJet or an agent for WestJet from December 5, 2005 onwards, except those people who reside in Quebec;

• every resident of Canada who paid Additional Fare to be an Attendant on an international flight (including a flight to the United States) operated by WestJet or an agent for WestJet from December 5, 2005 onwards, except those people who reside in Quebec

Summary of claim

The Plaintiffs propose to bring this class action in unjust enrichment and pursuant to consumer protection legislation for damages based on the defendants’ practices of charging people with a Disability who require additional space on airplanes to pay for additional seats or space they require because of their Disability.

Certification Hearing

An application to certify the action as a class proceeding is currently scheduled for March 11 to 15, 2024. A copy of the plaintiff’s Application for Certification is available under “Important Documents”.

If you think you may be a class member, please contact us via email at [email protected] or call CFM Lawyers at 604-689-7555. For any other questions please contact Sahar Majidi, paralegal, at 604-689-7555 or by email at: [email protected].

Important Documents

• Notice of Application re Contested Certification