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. Lareau, 2025 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. Westjet, 2025 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 Canada, 2025 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 Canada, 2025 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 Canada, 2025 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 Maroc, 2025 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
TC/TSB News
Industry Association News
ACI
CBAA
COPA
IATA
Union News
AMFA
CUPE Air Canada Component
- Bargaining Committee Update – 48
- Bargaining Committee Update – 49
- Bargaining Committee Update – 50
- Bargaining Committee Update – 51
IAMAW
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General Aviation News
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