‘Personal piñata’: Air Transat accused of inflating its prices during Air Canada dispute

TOP STORY

A class action lawsuit has been filed against Air Transat by passengers who believe the airline took advantage of the Air Canada flight attendant strike to inflate its prices.

Air Canada dispute: Air Transat accused of inflating prices

Decisions

Appeal, flight cancellation – Westjet v. Lareau2025 FCA 149

WestJet appeal of Canadian Transportation Agency (“CTA”) decision awarding compensation for inconvenience due to flight cancellation because of lack of first officer – WestJet had argued cancellation was within its control but for safety purposes – CTA found that for disruption within carrier’s control to be “required” for safety purposes, carrier must show that it was unavoidable despite proper planning or it was not the result of carrier’s own actions or inactions – Court found no reviewable error by CTA – insufficient evidence that WestJet took reasonable measures to implement reasonable contingency plan to mitigate flight disruption resulting from crew shortage – appeal dismissed

Class action, withdrawal – Option Consommateurs c. American Airlines inc., 2025 QCCS 2946

Application for class action alleging price fixing – proceedings suspended pending decision in similar application filed in Ontario – Ontario class action application rejected – applicant permitted to withdraw application – legal counsel to inform registered potential class action members

Compensation, flight cancellation – Stefan v. Westjet2025 BCCRT 1201

Disruptions on both original and rebooked flights – WestJet failed to prove cancellations were for safety purposes – applicant not entitled to separate compensation for first and second cancellations – only one triggering event under Air Passenger Protection Regulations (“APPR”) – dismissed claim for self-booked flight that would provide windfall – claims for compensation for stress and loss of enjoyment barred by Montreal Convention – awarded $1,769.53 in compensation for delay, partial refund of ticket, and expenses

Compensation, delay – Jones v. Air Canada2025 BCCRT 1197

Applicants claimed $1,200 for delayed flight – claim paid by airline – applicants claimed filing fees – applicants successful in dispute because obtained amount claimed from airline – airline ordered to pay $125 in filing fees

Compensation, flight cancellation – Dinh v. Air Canada2025 BCCRT 1189

Airline argued flight was cancelled for safety reasons – Tribunal found aircraft was grounded after discovery of issue with weather radar system requiring mandatory repairs – issue was not foreseeable – cancellation was required for safety purposes – claim dismissed

Compensation, delay – Green v. WestJet Airlines Ltd., 2025 BCCRT 1180

Connecting flight rebooked without applicants’ knowledge following delay on inbound flight – applicants could have boarded original connecting flight – arrival at destination delayed over 18 hours – WestJet argued delay was outside of its control because inbound plane delayed by weather – Tribunal found delayed arrival at destination was not due to delayed inbound flight, but WestJet’s decision to rebook applicants despite having time to make connection – awarded $5,322.64 in compensation for delay, plus cost of meals and accommodation

Compensation, delayed baggage – Rahmani c. Société Air France, 2025 QCCQ 3861

Baggage damaged and delayed 14 days – applicants claimed $1,500 for purchase of replacement items and $3,500 in moral damages – presumption of liability under Montreal Convention not rebutted – several expenses claimed without receipt – awarded $1,000 – moral damages claim dismissed

Compensation, lost baggage – Nana c. Air Canada2025 QCCQ 3822

$15,000 claim for lost baggage, subsequent purchases, baggage fee, cost of flight, and moral damages – no special declaration of interest in delivery was made – compensation for material damages therefore limited by Montreal Convention – airline paid appropriate compensation – no merit to claim for flight cost – Montreal Convention precludes moral damages – claim dismissed

Reimbursement, cancellation – Grenier c. Royal Air Maroc2025 QCCQ 3800

Flights cancelled because of COVID-19 pandemic – applicant claimed reimbursement – respondent provided evidence of reimbursement – applicant failed to show damage – claim dismissed

CIRB Decisions

Ministerial direction – Air Canada –  Order No. 1697-NB and 2025 CIRB 1197

Ministerial direction that Board order striking flight attendants to resume operations and duties, and that final binding arbitration be imposed on parties – union sought recusal of Chairperson, stay of ministerial direction, and correction of union name in ministerial direction – reasonable apprehension of bias claim not grounded in specific facts – authority to stay ministerial direction resides exclusively with Federal Court – ministerial direction not inconsistent with certification order – union’s requests dismissed – Board ordered resumption of service, extension of term of collective agreement, and final binding arbitration to resolve outstanding collective agreement

CTA News and Decisions  

Application – Manan Air Services Inc. c.o.b. Atlantic Charters – Determination No. A-2025-147

Application to continue the suspension of Licences 972110 and 977174 – suspension continued

Application – Seven Bar Aviation, LLC – Determination No. A-2025-148

Application for cancellation of Licence 200001 – licence cancelled

Suspension – Planemasters, Ltd. – Order No. 2025-A-S-161

Licence 967740

Suspension – Business Aviation Courier, Inc. c.o.b. Encore Air Cargo – Order No. 2025-A-S-162

Licence 120042 

Suspension – Don Davis Aviation, Inc. – Order No. 2025-A-S-163

Licence 967370 

Suspension – Sky Partners, Inc. – Order No. 2025-A-S-164

Licence 150098

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