Case name:
Air Canada “No Shows” refund of fees, taxes and charges class action.
Quebec Superior Court file #:
500-06-001283-239
Violations:
Applicant alleges that during the flight ticket purchasing process, Air Canada collects taxes, fees and other charges from its customers. Some of these taxes are payable to the relevant authorities only upon the passengers’ actual departure. In cases where passengers did not show up for their flight (i.e. “no shows”), Air Canada keeps those Taxes in its coffers (i.e., by never remitting it to the domestic or foreign government, airport authority, or third party), and does not refund them to its clients who are misled into believing they are not entitled to a refund. Applicant alleges that, after he was a no show for an Air Canada flight, Air Canada kept $84.59 that it should have reimbursed him, and that Air Canada did not remit this amount to any authority.
Proposed Class:
All persons worldwide who purchased one or more Air Canada Economy Basic or Standard tickets for an international flight, who did not use their ticket, or any part thereof, and were not refunded taxes, fees, and additional charges that were collected for any authority or third party during the ticket purchasing process, and were eventually not paid by Air Canada.
Remedies sought:
The primary objective of this class action is to ask the Court to condemn Air Canada and compel the reimbursement of the total taxes that led to Air Canada’s unjust enrichment. These taxes are unlawfully retained by Air Canada, as Class Members paid them for a specific purpose that was never fulfilled. Furthermore, Air Canada misled its customers by leading them to believe they are not entitled to a refund of these taxes. Additionally, the goal is to obtain a Court order compelling Air Canada to discontinue this prohibited practice.
This class action also seeks punitive damages for Class Members in amounts to be determined.
Status:
Pending authorization hearing.
