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Old Jun 13, 2000, 12:34 pm
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YYZ
 
Join Date: Mar 2000
Location: Toronto, Ontario, Canada
Programs: AC*E
Posts: 288
AMEX suing Canadian for Defamation

http://home3.americanexpress.com/can...d/CAIL_Q&A.htm


Customer Concerns Over Canadian Airlines' Termination of MRP Participation

American Express is very aware of the mounting customer concern over the difficulties caused by Canadian Airlines' cancellation of
their participation in the Membership Rewards program and their decision not to honour their companion ticket certificates issued to
Platinum Cardmembers.

We want our Cardmembers to be fully aware of developments that may impact them and we will continue to provide updates.
Cardmembers should be aware that:

We are actively pursuing a number of potential solutions to provide alternative rewards / benefits to maintain the quality of the
program.
Class action suits have been commenced against Amex on behalf of all Platinum Cardmembers with respect to the loss of the
Companion Ticket benefit.
Amex will defend the suits on several grounds but particularly on the basis that any loss is solely due to Canadian Airlines'
refusal to honour the Companion Ticket certificates.
Amex has requested the Alberta Court's consent to have Canadian Airlines added as a party to the suits.
Cardmembers should be aware that if Canadian Airlines is found liable, they would be 100% liable for any judgment against
them. Any such judgment would not be affected by Canadian Airlines' current legal status.
We are aware that Canadian Airlines continues to use its web-site to deliver inaccurate, incomplete and misleading statements
concerning its position and its alleged "offer" to continue to convert MRP points until December 31, 2000 under existing
terms. The truth is that the terms of their "offer" were completely unworkable; for example, Canadian Airlines has given no
assurance that they will not cancel the agreement again, or that if they did, there could be any recourse against them.
There is a provision in the existing contract which allowed for an orderly winding-down of the program over a two year period.
Canadian Airlines refused to take that option choosing instead instant and unilateral cancellation.
Recently, Canadian Airlines has begun publishing on their web-site an incomplete and selective collection of settlement
correspondence between the parties. Amex has concluded that Canadian Airlines' publications on this issue are highly
defamatory and misleading and we will be asking the Court in Alberta to permit Amex to proceed with a defamation action
against Canadian Airlines so that the full story will be presented in a court of law.
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