Quebec Superior Court Ruling Narrows Air Canada Class Action Group

Wednesday, July 10, 2024

Acting as the agent for BGA Inc., the law firm representing the plaintiff in a class action against Air Canada initiated in 2011, Proactio announces that a portion of the affected individuals are now excluded from the class action.

On February 21, 2019, the Quebec Superior Court ruled partly in favor of the plaintiff. This judgment, confirmed by the Court of Appeal on May 25, 2021, modified the group to exclude purchases made outside Quebec.

As a result, the final judgment in this class action is not binding on the excluded individuals. They may exercise their rights, including the right to bring their own action in the province where they made their purchase, subject to the applicable statute of limitations.

The excluded individuals are:

1. Persons residing in Canada who, between December 5, 2005, and December 5, 2008, paid Air Canada additional fees for an adapted seat and/or an attendant seat on a domestic flight operated by Air Canada or one of its authorized agents while outside Quebec. These individuals may include:

• People with a disability or recognized as having a functional disability due to obesity.
• Persons accompanying a person with a disability.

For purchases made by class members in Quebec during the same period, the class action is proceeding. Following the favorable judgment for purchases made in Quebec, the Court will determine a distribution process.

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