COVID‑19 – Class Action Regarding Cancelled Flights and Vacation Packages
Notice as of April 29, 2021
The application for authorization of the class action was heard on March 29 and 30, 2021 by the Honorable Bernard Tremblay, j.c.s., and the decision was reserved.
Various carriers and tour operators have announced in recent weeks that they have reached an agreement with the Government of Canada and at the same time that they will reimburse their customers whose trip had to be canceled because of the pandemic. We are of the opinion that their decisions in no way affect our request for authorization of a class action, considering that other items of damage, other than plane tickets or travel packages, are claimed (e.g. interest on sums claimed, damages, punitive damages).
Notice as of November 26, 2020
The application for authorization of the class action will be heard on March 29 and 30, 2021 before the Honorable Bernard Tremblay. A judgment will then be rendered in the following months and will determine whether the class action can go ahead or not.
In a related case, on November 26, 2020, the Federal Court dismissed for lack of jurisdiction, an application for class action against various airlines, thus paving the way for the application for authorization of the class action in the Lachaine case be heard by the Superior Court of Quebec.
Notice as of October 29, 2020
The Honorable Bernard Tremblay, case management judge, proposed to the parties that the hearing on the application for authorization of the class action coul be held in mid-December 2020 or end of January 2021, possibly over one day only.
Notice as of September 22, 2020
The Honorable Bernard Tremblay has been appointed to replace the Honorable Gary D.D. Morrison with respect to the management of our Class Action.
A management notice was filed with the Court by plaintiffs on September 9, 2020, to establish the next steps of the litigation timeline (Case protocol) leading to trial. Thus a hearing is to be called/scheduled by the Court shortly.
Notice as of August 18th 2020
The Honorable Gary D.D. Morrison has been given management and adjudication powers regarding our Class Action.
As of this day, 6 class actions have been filed in Canada in connection with the issuance of travel credits following the cancellation of airline flights. The one presented by our office was the first to be filed among those.
In this regard, on August 11, 2020, our team attended the hearing to suspend an application to authorize the bringing of a class action filed in the district of Quebec (Genest vs. Air Canada and als.). The Honorable Bernard Tremblay rendered a judgment on August 17 2020 suspending the case Genest v. Air Canada et als. in favor or our case Lachaine v. Transat et als..