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Judge rejects Air Canada’s arguments, sets class-action certification hearing date

By  |  January 22, 2012

A proposed class-action lawsuit claims that Air Canada and Lufthansa falsely represented its international fuel surcharge as a tax (collected on behalf of the government) on its tickets, instead of a fee (kept by the airline).

British Columbia Supreme Court judge Elaine Adair rejected Air Canada’s arguments, and found that the Business Practices and Consumer Protection Act, a provincial statute, does apply here. The remedy under this law would be for airlines to pay the money collected back to consumers.

Judge Adair also ordered that a date for a class-action certification hearing is to be set in 45 days.

For more details on the proposed class-action suit, click here.

 

Related content: Private Competition Litigation in Canada (Davit Akman, Adam Fanaki & Mark Katz, Davies Ward Phillips & Vineberg LLP)