CANADA
PROVINCE DE QUÉBEC SUPERIOR COURT
DISTRICT OF MONTRÉAL
(CLASS ACTION)
No : 500-06-001002-191
NATHALIE JUTRAS and MATHIEU BOURDET
Plaintiffs/Representatives
c.
AIR CANADA
Defendant
NOTICE TO MEMBRES
(COMPLETE TEXT)
- TAKE NOTICE that on September 28, 2020, a class action was authorized by the judgment of the Honorable Justice Thomas M. Davis of the Superior Court of Quebec on behalf of the individuals in the following group, namely:
«All individuals in Canada who purchased a flight ticket for a flight with Air Canada departing or in transit between March 13, 2019 and the end of the suspension of flights on Boeing 737 MAX aircrafts by the Minister of Transport of Canada on March 13, 2019 and whose flight was transferred to Air Canada rouge LP on board of an Airbus A319 aircraft, a Boeing 767-300 aircraft or an Airbus A321 aircraft following the suspension of flights on Boeing 737 MAX aircrafts by the Minister of Transport of Canada on March 13, 2019, without providing any financial compensation»
(hereinafter referred to as the “Class”)
- The class action authorized by this judgment shall be exercised in the District of Montreal.
- Nathalie Jutras and Mathieu Bourdet were granted the status of representative for the exercise of the class action.
- The address of the Plaintiffs/Representatives is:
A/S Perrier Attorneys
10500 St-Laurent Boulevard
Montréal, Québec H3L 2P4
- The address of the Defendant Air Canada is:
Air Canada
7373 Côte-Vertu Boulevard West
Ville Saint-Laurent, Québec H4S 1Z3
- The main questions of fact and law that will be treated collectively are the following:
(a) Is the contract between the members of the Class and the defendant Air Canada a contract of adhesion and a consumer contract?
b) Did the defendant Air Canada fail to perform its obligation to render the services for which the members of the Class agreed and paid for with the defendant Air Canada?
(c) Did the defendant Air Canada commit a breach of contract by charging the members of the Class the same price after the transfer of their flight form Air Canada to Air Canada rouge LP on board of an aircraft A319, 767-300 or A321?
(d) Are the members of the Class entitled to claim a proportionate reduction in their correlative obligation, i.e. a reduction in the payment of the price of flight tickets?
(e) Are the Class members entitled to claim damages equivalent to the difference between the amount paid and the value of the service actually received?
(f) Are the members of the Class entitled to require the Defendant Air Canada to apply its Policy on Unusual Situations Beyond our Control, and if so, what is the amount?
- The conclusions sought in relation to these questions are the following:
GRANT the class action of the Plaintiff and of each member of the Class;
RESERVE the plaintiffs’ rights to the period covered by this class action in the event that the defendant continued, without compensation, to transfer to Air Canada Rouge S.E.C., customers who purchased an air ticket for a flight with Air Canada after February 1,2021;
CONDEMN the Defendant Air Canada to pay the plaintiffs and members of the Class the minimum sum of 15% of the total price of the tickets, to be perfected, with interest at the statutory rate plus the additional compensation provided for in section 1619 C.c.Q. calculated from the date of service of the collective action;
ORDER that this condemnation be subject to collective recovery;
THE WHOLE with legal costs, including costs of experts and notices to members.
- The class action to be taken by the representatives for the benefit of the members of the Class will be an action for compensatory damages.
- Any member of the Class who has not requested his or her exclusion in the manner set out below will be bound by the judgment to be rendered in the class action.
- The date after which a member may no longer be excluded is September 27th 2021.
- A member may be excluded from the Class by advising the Clerk of the Superior Court of the district of Montréal by registered mail before the expiry of the delay for exclusion.
- Any member of the Class who has brought a legal action which the final judgment in the class action would decide is deemed be excluded from the Class if he or she does not discontinue said action before the expiry of the delay for exclusion.
- A member of the Class other than a Representative or an Intervener cannot be condemned to pay the costs of the class action.
- The Court may permit a member to intervene if it considers such intervention useful to the Class. An intervening member is bound to submit to an examination on discovery at the request of the Defendant. A member who does not intervene in the class action may not be required to submit to an examination on discovery unless the Court considers it necessary.
Montreal, Québec, July 27th 2021
ATTORNEYS FOR THE PLAINTIFFS/REPRESENTATIVES NATHALIE JUTRAS AND MATHIEU BOURDET:
Me Réjean Paul Forget
Perrier Attorneys
10500, St-Laurent Boulevard
Montreal, Quebec H3L 2P4
Tel: 514 336-2769 extension 203
Fax : 514 906-6132
Email: rpf@perrieravocats.com
THE PUBLICATION OF THIS NOTICE WAS APPROVED BY THE COURT