Wednesday, July 10, 2024
reading time: 2 minutes
As agent for the law firm BGA Inc. representing the plaintiff in a class action lawsuit filed against Air Canada in 2011, Proactio announces that a portion of the individuals involved are now excluded from the class action.
Court Rulings and Exceptions
The Superior Court of Quebec ruled on February 21, 2019, which was later affirmed by the Court of Appeal on May 25, 2021, in part in favor of the plaintiff. However, the groups were amended to exclude purchases made outside of Quebec. As a result, the final judgment in this class action is not binding on the excluded individuals. These individuals may exercise their rights, including the right to bring their own action in the province in which they made the purchase, subject to the applicable statute of limitations.
Individuals excluded from the class action
Excluded individuals are:
- Canadian residents who paid Air Canada between December 5, 2005 and December 5, 2008, while outside Quebec, an additional fee for an air-conditioned seat and/or a flight attendant seat on a domestic flight operated by Air Canada or one of its authorized agents, whether they were:
- People who have a disability (handicapped) or are identified as having a functional disability due to obesity
- People accompanying a person with a disability (handicapped)
Quebec procurement class action lawsuit continues
As for purchases made by group members in Quebec during the same period, the class action is proceeding. After a ruling in favor of the purchases made in Quebec, the court will determine the distribution.