Cheap Western Canada Flight Pass
Feb 1, 2017, 7:01 pm
#451
Join Date: Nov 2015
Location: Calgary, AB
Programs: AC SE 100k MM, SPG Platinum, Hilton, Hyatt Gold, Airmiles, AMEX
Posts: 144
I was one of the ones who bought this pass and successfully booked a round trip before it could be taken away. They did honor the 2 legs I booked, so cannot complain.
Feb 1, 2017, 7:17 pm
#452
Join Date: Aug 2011
Location: YUL
Programs: Skymiles Silver Medallion
Posts: 955
This will be interesting since it seems like the question will be, who's responsible in the case of an IT error?
Will Air Canada successfully claim that mistakes can happen to anyone and that they should not be held responsible? Or will they be found liable for the error since it was their own shoddy IT that caused it?
I didn't buy those flight passes so I'm not directly affected. But I'm interested to see what will happen.
(I'm sure they'll settle... these things always settle...)
Will Air Canada successfully claim that mistakes can happen to anyone and that they should not be held responsible? Or will they be found liable for the error since it was their own shoddy IT that caused it?
I didn't buy those flight passes so I'm not directly affected. But I'm interested to see what will happen.
(I'm sure they'll settle... these things always settle...)
Feb 1, 2017, 7:23 pm
#453
Suspended
Join Date: Mar 2013
Location: YVR
Programs: AC SE*2MM. SPG Plat life
Posts: 4,644
This will be interesting since it seems like the question will be, who's responsible in the case of an IT error?
Will Air Canada successfully claim that mistakes can happen to anyone and that they should not be held responsible? Or will they be found liable for the error since it was their own shoddy IT that caused it?
I didn't buy those flight passes so I'm not directly affected. But I'm interested to see what will happen.
(I'm sure they'll settle... these things always settle...)
Will Air Canada successfully claim that mistakes can happen to anyone and that they should not be held responsible? Or will they be found liable for the error since it was their own shoddy IT that caused it?
I didn't buy those flight passes so I'm not directly affected. But I'm interested to see what will happen.
(I'm sure they'll settle... these things always settle...)
Feb 2, 2017, 12:18 am
#454
Join Date: Mar 2005
Programs: fwp blood diamond, dykwia uranium
Posts: 7,252
If I'm not mistaken, the mistake in print was the newspaper's... and there was no consideration exchanged.
AC induced these plaintiffs to lend money to AC for the duration of the mistake. Also the wording in the article is that the contract breach was discovered at time of attempting to use the FP. Not only was no notice of revocation given (assumption), but the plaintiffs now had to find alternative carriage possibly at a time when fares had risen. Reliance is understood in contract law.
Lastly, this was not a newspaper ad. This was "printed" by AC on AC media, and sold with confirmed transaction of consideration on AC systems.
For the silly TV case, if the plaintiffs had a smart lawyer, they could claim their time and gas money as losses... I dunno, 5 cents back in 1940? And who's at fault? Newspaper? The communication system between retailer and newspaper? Or actual retailer?
These ambiguities do not exist in this AC case.
AC induced these plaintiffs to lend money to AC for the duration of the mistake. Also the wording in the article is that the contract breach was discovered at time of attempting to use the FP. Not only was no notice of revocation given (assumption), but the plaintiffs now had to find alternative carriage possibly at a time when fares had risen. Reliance is understood in contract law.
Lastly, this was not a newspaper ad. This was "printed" by AC on AC media, and sold with confirmed transaction of consideration on AC systems.
For the silly TV case, if the plaintiffs had a smart lawyer, they could claim their time and gas money as losses... I dunno, 5 cents back in 1940? And who's at fault? Newspaper? The communication system between retailer and newspaper? Or actual retailer?
These ambiguities do not exist in this AC case.
Aug 3, 2017, 4:43 am
#455
Join Date: May 2012
Location: YOW
Programs: UA*1K, Marriott Titanium (LTP), Hilton Gold, Hertz PC
Posts: 1,665
Latest email just came out:
The link inside the email: https://www.aircanada.com/content/da...8024|265097282
CLASS ACTION: HURST VERSUS AIR CANADA
MISPRICED AIR CANADA 10-SEGMENT FLIGHT PASS IN AUGUST 2015
On January 27, 2017, the Superior Court of Québec authorized a class action against Air Canada who is alleged to have refused to honour advertised prices for one of its Flight Passes in contravention of the Consumer Protection Act. These allegations have not been proven in Court.
WHO IS A CLASS MEMBER?
Briefly, the class action includes all consumers residing anywhere in Canada who bought the “Western Canada and Western USA Plus” Flight Pass for Business Class travel on Air Canada’s website between August 25, 2015, and August 28, 2015, and who had their purchases cancelled by Air Canada thereafter.
WHAT IS THE GOAL OF THE CLASS ACTION?
The class action seeks to establish whether Air Canada required its customers to pay a price higher than the one advertised on its website in contravention of the Québec Consumer Protection Act.
WHAT CAN YOU GET?
The class action seeks to obtain for class members compensation and punitive damages.
A class member cannot be ordered to pay a defendant’s costs for the class action.
HOW TO EXCLUDE YOURSELF?
If you wish to exclude yourself from the class, you must advise the Clerk of the Superior Court of Québec in the District of Montréal by registered mail to 1 Notre Dame Street East, Montréal, Québec, H2Y 1B6 by no later than Friday, September 8, 2017, at 5:00 P.M. Eastern Time.
The request for exclusion must be made in writing with reference to the class action identified by the court file number 500‑06‑000756‑151.
Among others, people who wish to bring an individual action at their own expense have the interest to exclude themselves from a class action.
WHO REPRESENTS THE MEMBERS?
Mr. David Hurst has been designated by the Court to represent the members of the class.
FOR FURTHER INFO
This notice is only a summary of the notice to members, the complete text of which can be obtained here or on the websites identified below. The judgment authorizing the class action and the application to institute proceedings can also be found on the same websites. You may also contact the representative’s attorneys:
Evolink Law Group
www.evolinklaw.com
[email protected]
Telephone: 604-620-2666
Champlain Avocats
www.champlainavocats.com
Fax: 514-800-0677
Telephone: 514-866-3636
Registry of Class Actions
http://services.justice.gouv.qc.ca/d...l/Accueil.aspx
THIS TEXT HAS BEEN APPROVED BY THE COURT. IN THE EVENT OF A DISCREPANCY BETWEEN THIS SUMMARY NOTICE AND THE COMPLETE NOTICE, THE LATTER SHALL PREVAIL.
This email was sent by Air Canada following a judgment issued by the Superior Court of Quebec (Nº: 500-06-000756-151). This email is excluded from commercial electronic message as defined, namely, under Canada’s anti-spam law and associated regulations.
MISPRICED AIR CANADA 10-SEGMENT FLIGHT PASS IN AUGUST 2015
On January 27, 2017, the Superior Court of Québec authorized a class action against Air Canada who is alleged to have refused to honour advertised prices for one of its Flight Passes in contravention of the Consumer Protection Act. These allegations have not been proven in Court.
WHO IS A CLASS MEMBER?
Briefly, the class action includes all consumers residing anywhere in Canada who bought the “Western Canada and Western USA Plus” Flight Pass for Business Class travel on Air Canada’s website between August 25, 2015, and August 28, 2015, and who had their purchases cancelled by Air Canada thereafter.
WHAT IS THE GOAL OF THE CLASS ACTION?
The class action seeks to establish whether Air Canada required its customers to pay a price higher than the one advertised on its website in contravention of the Québec Consumer Protection Act.
WHAT CAN YOU GET?
The class action seeks to obtain for class members compensation and punitive damages.
A class member cannot be ordered to pay a defendant’s costs for the class action.
HOW TO EXCLUDE YOURSELF?
If you wish to exclude yourself from the class, you must advise the Clerk of the Superior Court of Québec in the District of Montréal by registered mail to 1 Notre Dame Street East, Montréal, Québec, H2Y 1B6 by no later than Friday, September 8, 2017, at 5:00 P.M. Eastern Time.
The request for exclusion must be made in writing with reference to the class action identified by the court file number 500‑06‑000756‑151.
Among others, people who wish to bring an individual action at their own expense have the interest to exclude themselves from a class action.
WHO REPRESENTS THE MEMBERS?
Mr. David Hurst has been designated by the Court to represent the members of the class.
FOR FURTHER INFO
This notice is only a summary of the notice to members, the complete text of which can be obtained here or on the websites identified below. The judgment authorizing the class action and the application to institute proceedings can also be found on the same websites. You may also contact the representative’s attorneys:
Evolink Law Group
www.evolinklaw.com
[email protected]
Telephone: 604-620-2666
Champlain Avocats
www.champlainavocats.com
Fax: 514-800-0677
Telephone: 514-866-3636
Registry of Class Actions
http://services.justice.gouv.qc.ca/d...l/Accueil.aspx
THIS TEXT HAS BEEN APPROVED BY THE COURT. IN THE EVENT OF A DISCREPANCY BETWEEN THIS SUMMARY NOTICE AND THE COMPLETE NOTICE, THE LATTER SHALL PREVAIL.
This email was sent by Air Canada following a judgment issued by the Superior Court of Quebec (Nº: 500-06-000756-151). This email is excluded from commercial electronic message as defined, namely, under Canada’s anti-spam law and associated regulations.
Feb 20, 2019, 10:16 am
#456
A FlyerTalk Posting Legend
Join Date: Sep 2012
Location: SFO
Programs: AC SE MM, BA Gold, SQ Silver, Bonvoy Tit LTG, Hyatt Glob, HH Diamond
Posts: 44,357
According to Air Canada Flight Pass Mispricing National Class Action, the trial is in progress.
Sep 15, 2019, 2:54 pm
#462
Join Date: May 2007
Location: Vancouver, BC
Programs: Aeroplan 35K, Hertz Gold
Posts: 1,290
Nov 4, 2019, 5:30 pm
#465
Join Date: Aug 2014
Location: YYC
Posts: 2,075
We are pleased to inform you that on November 1, 2019, the Superior Court of Quebec approved the proposed settlement for the Class, including payment of attorney fees.
Under the terms of the settlement, Air Canada will be directly distributing the eCoupons to each eligible class member via the e-mail addresses that were provided at the initial purchase back in August 2015. The distribution is expected to occur between December 11, 2019 to December 22, 2019.
The amount each eligible class member will receive is approximately $503 CAD, in the form of an eCoupon from Air Canada.
A copy of the Court's judgment can be found on our website (http://evolinklaw.com/wp-content/uploads/2019/11/Approval-Judgment.pdf).
Under the terms of the settlement, Air Canada will be directly distributing the eCoupons to each eligible class member via the e-mail addresses that were provided at the initial purchase back in August 2015. The distribution is expected to occur between December 11, 2019 to December 22, 2019.
The amount each eligible class member will receive is approximately $503 CAD, in the form of an eCoupon from Air Canada.
A copy of the Court's judgment can be found on our website (http://evolinklaw.com/wp-content/uploads/2019/11/Approval-Judgment.pdf).