Case name
Class action against Air Canada with respect to passenger service charges
Québec Superior Court File
500-06-000963-187
Violations
Air Canada has been including passenger service charges (“PSC”) in its airfare costs for international flights. The airline company has been referring to these charges as taxes or other governmental rights,however, it appears that they actually constitute exploitation costs incurred by Air Canada for the use of international airports. Therefore, Air Canada bills PSC to consumers, while misrepresenting them or misleadingly classifying them as taxes or governmental fees collected by Air Canada for, and in the name of foreign governments, to pay them. In fact, the charges are imposed and pocketed by Air Canada for its own use and benefit.
This class action seeks the reimbursement of all undue payments received by Air Canada, a reduction of obligations, and compensatory as well as punitive damages in amounts to be determined.
The Class Definition
All of the physical and legal persons residing in Canada who purchased an airline ticket for an international flight (with the exception of the United States)provided by Air Canada orfor an international flight provided by Air Canada but operated by another air carrier(« Code-shared ») since November 1st 2015 and:
a)Who bought their airplane ticket:
i.Directly from Air Canada (in person, over the telephone or on the transactional website); or
ii.Indirectly from Air Canada through atravelagency, in person, over the telephone or on their transactional website);
b)Whom the flight departed, transferred, or transitedin either of the following 38 international airports:
1.Adolfo Suárez Madrid–Barajas Airport (Spain)
2.Amsterdam Airport Schiphol (Holland)
3.Barcelona–El Prat Airport (Spain)
4.Beijing Capital International Airport (China)
5.Ben GurionAirport (Tel Aviv, Israel)
6.Brisbane, Australia
7.Brussels Airport (Belgium)
8.Cancún International Airport (Mexico)
9.Comodoro Arturo Merino Benítez International Airport (Santiago, Chile)
10.Copenhagen Airport (Denmark);
11.Dubai International Airport (UAE)
12.El Dorado International Airport (Bogota, Columbia)
13.Fiumicino – Leonardo da Vinci International Airport (Rome, Italy)
14.Frankfurt Airport (Germany)
15.Geneva Airport (Switzerland)
16.Gregorio Luperón International Airport (Puerto Plata, DominicanRepublic)
17.Heathrow Airport (London, UK)
18.Incheon International Airport (Seoul, South Korea)
19.Indira Gandhi International Airport (Delhi, India)
20.Istanbul Atatürk Airport (Turkey)
21.Jorge Chávez International Airport (Lima, Peru)
22.La Romana International Airport (Dominican Republic)
23.Las Américas International Airport (Santo Domingo, DominicanRepublic)
24.Lyon–Saint-Exupéry Airport (France)
25.MinistroPistarini International Airport (Buenos Aires, Argentina)
26.Moscow Domodedovo Airport (Russia)
27.Munich-Franz Josef Strauss Airport (Germany)
28.Paris-Charles-de-Gaulle Airport (France)
29.Punta Cana International Airport (Dominican Republic)
30.Rio de Janeiro/Galeão–Antonio Carlos Jobim International Airport (Brazil)
31.Samaná El Catey International Airport (Dominican Republic)
32.São Paulo/Guarulhos–Governador André Franco Montoro International Airport (Brazil)
33.Shanghai Pudong International Airport (China)
34.Singapore Changi Airport (Republic of Singapore)
35.Suvarnabhumi Airport (Bangkok, Thailand)
36.Sydney-Kingsford Smith Airport (Australia)
37.Tocumen International Airport (Panama City, Panama)
38.Zürich Airport (Switzerland)
Remedies sought for consumers
This class action seeks the reimbursement of all the undue payments received by Air Canada, a reduction of obligations, andcompensatory as well as punitive damages in amounts to be determined.
Status
Pending Authorization hearing
Files –Class action against Air Canada with respect to passenger service charges
Application for authorization to institute a class action– December 21st, 2018
Registration Form
Class action against Air Canada with respect to passenger service charges
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Under Quebec law, you are automatically included in the class action insofar as you fall within the Class definition. Thus, no need for you to complete any other formality to be part of this class action. We do encourage you to complete the form below if you wish to be kept informed of developments in this case.
