Air Canada (Photo by THE CANADIAN PRESS)

Judge greenlights class action lawsuit against Air Canada over fuel surcharges

The lawsuit, approved Monday, argues the country’s largest airline ‘illegally overcharged its customers’

A Quebec Superior Court judge has authorized a class action lawsuit against Air Canada over fuel surcharges.

The lawsuit, approved Monday, argues the country’s largest airline “illegally overcharged its customers” by more than doubling the cost of fuel on some flights.

Michael Vathilakis, the petitioners’ lawyer, said Air Canada misrepresented the stated purpose of the surcharge, which was to partially offset the fluctuating price of jet fuel.

“What Air Canada did was represented to passengers that they were collecting this amount in order to offset volatility, when in fact the allegations are that they were in many cases actually reaping a real profit on it,” Vathilakis said in a phone interview.

“In multiple cases, they charged an amount that was equal to or higher than the entire cost of fuel for the flight.”

The lawsuit cites one example in which Air Canada allegedly charged business and economy passengers 105 per cent more than the fuel cost on a flight to Paris in January 2014.

Each economy passenger on that flight allegedly paid $238 in fuel surcharges alone — $163 more than they should have according to Air Canada’s contract definition of the charge. The airline took in $73,878 in fuel supplements on the flight, rather than the $23,164 it should have charged, according to the lawsuit.

ALSO READ: BC Ferries adds fuel surcharge

The suit states Air Canada’s contract with consumers allows it to charge them up to 33 per cent more than the cost of fuel.

The class action concerns customers in Quebec who bought international tickets to destinations outside the U.S., Mexico and the Caribbean between April 2012 and November 2014.

Air Canada said it disagrees with the allegations.

“We intend to vigorously defend our position through the courts,” spokeswoman Angela Mah said in an email.

Christopher Reynolds, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Rob Morrison sworn in as Kootenay-Columbia MP

Parliament set to reconvene on Thursday with election of House Speaker, Throne Speech

LETTER: Reflections on democracy and community from former Green party candidate

Abra Brynne ran in the 2019 federal election to be Kootenay-Columbia’s MP

Basin economic snapshot shows Kootenay a mixed bag

State of the Basin report shows economic recovery from recession a slow go

‘Kind of lacking:’ Injured Bronco wonders why Canada won’t fund spinal surgery

“I think if Canada can step in and advance this program”

Dance cancelled after Alberta teacher’s climate lesson prompts online threats

School district near Red Deer cancelled annual family dance due to Facebook comments

Feds not enforcing standards on Hungarian duck imports, B.C. farmer says

‘You have no way of knowing what’s in the bag’

In surprise move, defence won’t call witnesses for accused in Abbotsford school killing

‘Change of instructions’ results in defence closing case without calling evidence

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

74% of 911 calls are from cellphones, so know your location: E-Comm

Cell tower triangulation generally only narrows location down to the block someone is calling from

No negligence in RCMP actions in B.C. teen’s overdose death: Watchdog

Police acted properly when they responded to the first reports of the boy being in distress

320 years since the ‘Big One’ doesn’t mean it’s overdue: B.C. professor

‘It could happen today, tomorrow or 100 years from now’

Most Read