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

Qualtrough ready to ‘hit the ground running’ in second term as Delta’s MP

The Liberal candidate says she looks forward to picking up where her government left off

People’s Party of Canada not finished, defeated Surrey candidate says

Surrey’s five PPC candidates combined received 4,213 votes

Federal NDP may support B.C. with major projects, Carole James says

SkyTrain Surrey extension, Massey Tunnel need Ottawa’s help

Trudeau has won the most seats — but not a majority. What happens next?

Trudeau will have to deal with some of the implications of Monday’s result

Surrey City Centre plan expands to include new proposed SkyTrain station

New developments in business district to provide minimum 50% of floor space for office, institutional uses

Scheer says Canada more divided than ever, as NDP and Bloc hold cards close

While Liberals were shut out of two key prairie provinces, they took two-thirds of the seats in Ontario

Investor alert: ‘Split games’ pyramid scheme circulating in B.C.

British Columbia Securities Commission issues warning about scheme selling virtual shares

‘Issue-by-issue parliament’: Expert says Liberals need to placate NDP to be effective

Scandals, social issues, racism defined 2019 federal election, SFU prof says

Misconduct investigations spike by 65% across B.C.’s municipal police forces: report

Reports overall up 15 per cent while complaints made by public down seven per cent

Guns, crossbows, swords, ammo seized in raid on Fraser Valley home

Weapons also included stun guns and replica firearms

Homicide team investigates death of man in his 20s in Chilliwack

Victim known to police and attack likely targeted, IHIT says

‘Wexit’ talk percolates day after Liberals returned to power with minority

An online petition is calling for a western alliance and Alberta to separate

Vancouver artist casts bronze ‘replacement’ egg for defaced Dali sculpture

Artist Richard Forbes installed the new egg after the original was stolen

Federal election saw 66% of registered voters hit the polls across Canada

Roughly 18 million people cast their ballots, voting in a Liberal minority government

Most Read