A Quebec Superior Court judge has authorized a class action lawsuit against Air Canada over how the airline classified certain flight delays. The case alleges that delays caused by staffing shortages were wrongly labelled as being outside the airline’s control, preventing passengers from receiving compensation under federal air passenger rules. The lawsuit, announced this week by law firm Slater Vecchio LLP, centres on claims that Air Canada labelled staffing-related delays, including those caused by flight crew shortages, as “safety-related or beyond its control,” keeping passengers from compensation provided under the Air Passenger Protection Regulations (APPR). The court’s decision allows the action to proceed on behalf of travellers who, between Dec. 15, 2019, and Aug. 7, 2022, arrived at their final destination a minimum of three hours late on flights operated by Air Canada, Air Canada Rouge or Air Canada Express when the delay was attributed to staffing issues or shortages. The class action seeks “payment of the compensation provided for in the APPR for the inconvenience suffered, as well as interest and additional compensation provided for by law,” according to a news release. “This decision is an important step to providing access to justice to these passengers, and the class action is a vehicle through which these class members may now seek access to justice,” said Saro Turner, partner at Slater Vecchio LLP. The press release noted that none of the plaintiff’s allegations have been proven in Court. In a statement to CTV News, Air Canada said “it is important to understand the certification of a class action is not a finding pursuant to a trial. It does not contain conclusions of any wrongdoing. It is a preliminary authorization, which may lead to a trial. That said, we will defend ourselves vigorously if the case proceeds.” Air Canada added that its policy is to “comply fully with the requirements of APPR.” “With respect to this case, the particular question of crew constraints being coded to safety was investigated by the CTA and no systemic issues were found, and no fines were levied,” it wrote. Passengers affected by delays who believe they may be part of the class can visit the law firm’s website for more information and updates.
