Notice as of June 6, 2024
The Court of Appeal of Québec has unanimously rendered a judgment on June 5th, 2024 allowing the appeal against two judgments, rendered on June 8, 2021, and October 26, 2021, by the Honorable Bernard Tremblay of the Superior Court, which dismissed the application for authorization to exercise a class action against airline companies and travel wholesalers
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..
Modified Application for Authorization (Lachaine v. Air Transat, Air Canada, Sunwing, Westjet et als. (Covid-19) (French only)
You can consult the Modified Application for Authorization which was filed with the clerk of the Superior Court of the judicial district of Montreal:
This Modified Application for Authorization was also entered in the Register of Class Actions (Québec).
Proposed Class
All individuals who purchased or hold an airline ticket or travel package with Air Transat, Transat Tours Canada Inc., Air Canada, Touram Limited Partnership, Sunwing Airlines inc., Sunwing Vacations inc., Westjet Airlines inc. or Westjet Vacations inc. which subsequently had to be cancelled due to the covid-19 pandemic and who were unable to obtain reimbursement.
Remedies sought for consumers
ORDER the defendants to pay to the plaintiff and the members of the Group a full refund of the price paid for the purchase of air tickets or a travel package, with legal interest and the additional indemnity provided for in section 1619 C.C.Q. calculated from the date of service of the class action.
ORDER the defendants to pay to the plaintiff and the members of the Group an additional sum of $ 250 in moral damages for trouble and inconvenience, with legal interest and the additional indemnity provided for in section 1619 C.C.Q. calculated from the date of service of the class action;
ORDER the defendants to pay to the plaintiff andthe members of the Class a sum of $250 as punitive damages, with interest at the legal rate increased by the additional indemnity provided for in article 1619 C.C.Q. calculated from the date of service of the class action;
ORDER the defendants to pay interest at the legal rate plus the additional indemnity provided for in article 1619 CCQ, calculated from the date when the member of the group should have been reimbursed on the date when he used the credit imposed for book a new flight or stay:
ALLOW members of the group who have made a credit request to one of the defendants to cancel this request and ALLOW that he can request a reimbursement from it;
Registration
To register for this class action, we invite you to complete the Registration form
Please review the Notice about registration forms.
For more information
Please contact:
Me Rejean Paul Forget by email at rpf@perrieravocats.com or 514 336-2769 ext. 203
Me Christian Azzam by email at cazzam@donatimaisonneuve.ca or 514 499-7477
Important notice
If you qualify as a member of this group, we invite you to register to this action as one of its members. This way, we will communicate with you as soon as important developments arise in this matter. In addition, by registering, it will contribute to better establishing the case against the defendants.
You should keep records of any purchases and date and name of persons you contacted (Travel agency, Air Canada, Transat) to get a refund.
This action is not related to the Jutras vs. Air Canada and Air Canada Rouge (737 MAX) case .