Airlines Flight Cancellation Class Action - Sotos Class Actions

Airlines Flight Cancellation

This case alleges that the defendants breached the terms of contracts in place with the plaintiff and other consumers and misrepresented consumers’ entitlement to compensation in connection with cancelled flights.

The defendants provide domestic and international flight services. Prior to and during the COVID-19 pandemic, these services were cancelled. The defendants offered consumers travel vouchers or flight credits in sums equivalent to the unused portion of consumers’ airfares instead of providing them with refunds for cancelled flights.

The case seeks to represent consumers who purchased airfares and did not receive refunds for flight cancellations in respect of travel scheduled between March 1, 2020 and the date the class action is certified.

The Court will decide at a later date if the case will proceed as a class action.

  • January 26, 2022: A judicial management conference before Mr. Justice Verhoeven will take place to schedule the certification hearing.
  • November 27, 2020: Materials for the certification application were submitted to the Supreme Court of British Columbia on November 23, 2020. A hearing date has not yet been set for the certification application.

    On November 26, 2020, the Federal Court of Canada dismissed a motion for certification of a different proposed class action commenced by Janet Donaldson. The Donaldson action is separate from this class action. The Court in the Donaldson action found that the case could not be brought in the Federal Court. This class action was brought in the Supreme Court of British Columbia on behalf of a national class, not the Federal Court. Therefore the decision in the Donaldson action does not directly affect this action. The decision may be found here.

  • November 23, 2020: Notice of Application and supporting materials to certify this action as a class proceeding filed with the Supreme Court of British Columbia.
  • July 24, 2020: Notice of Civil Claim was filed in British Columbia.

David Sterns

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Krupa Shah

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Karen Whibley

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