Group wants to sue Air Canada for not reflecting actual ticket price
#61
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This case is a slam dunk for the plaintiffs IMHO.
Won't be long before similar lawsuits are filed in other provinces that may have similar statutes. I'm just surprised it has taken so long.
Won't be long before similar lawsuits are filed in other provinces that may have similar statutes. I'm just surprised it has taken so long.
#63
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That is exactly what happens quite often with a variety of products, particularly in print media but also for TV and radio with variations of the same ad running in different regions. If it is a single national ad, then it is structured to comply across-the-board.
#64
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There are rarely if ever national ads that include prices. Or if they do, to save ad space in the fine print, they would say "with prices starting at....."
Retailers have different price points not only by province and by city, but there can even been slight variations in the same city.
Factoring into prices are differences in provincial taxes, for example, or the addition of environmental fees for some products. Thus, the base cost of a product might be the same, but the final amount won't be.
National ad campaigns for many products tend to focus on the brand not the price. The secondary level within defined geographic zone, would have prices.
Also, Quebec has some very well defined consumer protection legislation.
#65
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This "national" stuff is rubbish. AC doesn't offer "national" pricing (other than some pass products). What they advertise with pricing is point-to-point travel. Taxes are pre-determined. It doesn't matter whether you live in Toronto, Montreal or Alberta, your YYZ-YVR ticket will cost you the same because taxes are based on point of departure - not your residency. They can advertise the same YYZ-YVR price anywhere in the country.
#67
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This "national" stuff is rubbish. AC doesn't offer "national" pricing (other than some pass products). What they advertise with pricing is point-to-point travel. Taxes are pre-determined. It doesn't matter whether you live in Toronto, Montreal or Alberta, your YYZ-YVR ticket will cost you the same because taxes are based on point of departure - not your residency. They can advertise the same YYZ-YVR price anywhere in the country.
Go on ITA and enter a sales city of SFO and see how that changes a YYZ-YVR fare.
#69
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Would you care to explain why IYHO assertions that AC should not be expected to advertise the price consumers actually pay (which AC now does in Canada) because we have different sales tax regimes aren't rubbish.
#70
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Nope. The comment he/she made was valid. Multiple issues unrelated to the litigation have been raised. First it was the issue of people not reading the rules of a fare and then it was the application of taxes. While the point on the tango class pax was valid, it had no relatonship to this case. This case relates to deceptive advertising and pricing. Next the issue of taxes, which are not the subject of the litigation is raised. The taxes are not being contested because the law allows the tax to be a separate charge and to not be included in the advertised cost. Comments are all over the map raising issues which have nothing to do with the case. This case deals with an alleged violation of a law which AC and other airlines opposed.
Last edited by Transpacificflyer; Apr 20, 2015 at 7:26 am
#71
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While we're on about it, contrary to various claims the primary purpose of class actions is to save the court's time and money, by precluding the need to re-litigate the same set of circumstances over and over.
An argument could also be made that it may well save both the sides of the dispute money. If there were no class action facility available, then what would stop an activist group filing dozens or hundreds (thousands, even) of cases regarding the same issue thereby inflicting substantial lawyering costs on the airline. Likewise it eliminates the need for every single person affect by the issue to fund and fight their own case.
An argument could also be made that it may well save both the sides of the dispute money. If there were no class action facility available, then what would stop an activist group filing dozens or hundreds (thousands, even) of cases regarding the same issue thereby inflicting substantial lawyering costs on the airline. Likewise it eliminates the need for every single person affect by the issue to fund and fight their own case.
#72
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While we're on about it, contrary to various claims the primary purpose of class actions is to save the court's time and money, by precluding the need to re-litigate the same set of circumstances over and over.
An argument could also be made that it may well save both the sides of the dispute money. If there were no class action facility available, then what would stop an activist group filing dozens or hundreds (thousands, even) of cases regarding the same issue thereby inflicting substantial lawyering costs on the airline. Likewise it eliminates the need for every single person affect by the issue to fund and fight their own case.
An argument could also be made that it may well save both the sides of the dispute money. If there were no class action facility available, then what would stop an activist group filing dozens or hundreds (thousands, even) of cases regarding the same issue thereby inflicting substantial lawyering costs on the airline. Likewise it eliminates the need for every single person affect by the issue to fund and fight their own case.
I have issues with lawsuits filed against entities where there is no evidence they contributed to the accident.
Wait until the report comes out, and sue the parties who deserve it.
#73
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In respect to filings after an incident, they are a reservation of rights. It takes months to file the case and to start the certification process. In the meantime,the investigation proceeds. There are statute of limitations that oblige plaintiffs to file quickly. How long does an investigation and its findings to be released in Canada in Canada take? 2 years or more sometimes doesn't it? Well, the clock starts running as soon as the incident occurs. Here's a more blatant example; one typically has 10 days to file against a municipality. Sometimes it's a month. If the Halifax municipality shares some of the responsibility for the AC crash, failure to file within the prescribed time period prejudices the plaintiffs. The litigation in the AC crash will name all implicated parties until a later date as liability for the incident is more firmly established. Failure to file within the set time limits can exclude a claim from being brought at a later date. Everyone involved has to be named as a failure to do so will prejudice a case and allow one party to claim responsibility lies with the unnamed party.
Last edited by Transpacificflyer; Apr 21, 2015 at 8:12 am
#74
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I was commenting on your tone, not AC pricing etc.
Thanks.
#75
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