The Quebec Court of Appeal is ordering Air Canada to pay passengers more than $10 million in damages in a class action lawsuit that alleged they were charged higher amounts than the ticket price advertised.
Justice Judith Harvie wrote in a ruling on Tuesday that Air Canada acted with “ignorance and laxity” when it decided it was exempt from a provision of the provincial Consumer Protection Act. This decision overturns a lower court decision that said Air Canada had broken the law but had done nothing wrong, so punitive damages were not necessary. The 15-year-old case was brought forward by a consumer advocacy group and a Montreal resident who said he was charged $124 more in taxes, fees and surcharges than the fare price listed during the first step of the ticket-buying process on Air Canada’s website.
The plaintiffs argued in their initial claim that the airline hindered customers’ ability to make informed decisions and that the airline must reimburse them for amounts charged above the advertised price. The appeal court’s decision comes amid a debate about whether rising airline fees and fare classes are referred to as “junk fees” or provide travelers with more options. When contacted for comment, Air Canada did not immediately respond.
Judge orders Air Canada to pay passengers $10M in damages after class action
