CourtSupreme Court of British Columbia
Date FiledAugust 3, 2021
CO-COUNSEL
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