Last edit by: canadiancow
Pertinent details/events/articles:
- https://goo.gl/ioL7Tx
- Original email sent to Mr. Wong, accusing him of abuse of MLL privileges: https://www.flyertalk.com/forum/26733198-post38.html
- CBC article: https://www.cbc.ca/news/canada/briti...ourt-1.4717202
- VFTW post: https://viewfromthewing.boardingarea.com/2018/06/22/man-has-airline-status-yanked-for-refunding-tickets-after-using-airport-lounges-now-hes-suing/
- FBT story Air Canada ‘Super Elite’ Sues Airline After Status is Revoked for Using Airport Lounges Without Flying
- TPG post: https://thepointsguy.com/news/air-canada-super-elite-traveler-sues-carrier-over-revoked-airline-status/
Super Elite suspended; lawsuit filed but amicably settled out of court
#421
Join Date: Aug 2008
Location: トロント
Programs: IHG Gold
Posts: 4,820
I find paragraph 26 in the claim an interesting one. Many of us here would meet that "hobbyist" criteria methinks.
I have never bothered with the Earn Your Wings contests--not really my cup of tea, but I suppose some had a particular obsession with it.
I have never bothered with the Earn Your Wings contests--not really my cup of tea, but I suppose some had a particular obsession with it.
#422
Join Date: Dec 2014
Location: YVR
Programs: Bottom feeder Star Gold
Posts: 2,652
I think the airline's actions are a response to the gamers being gamed. While we all suspect that the plaintiff's travel plans (wink wink) suddenly changed not as a result of client circumstance, I don't think we can point to any behaviour not specifically permitted under Air Canada's or anybody else's own rules.
Good luck to the plaintiff and may his future travel be less dramatic.
Good luck to the plaintiff and may his future travel be less dramatic.
#423
Join Date: Apr 2009
Location: YYC / random hotel in YYZ
Programs: Back of the bus
Posts: 922
We all know who this was. More power to him. I'm assuming filing the claim is because of inaction on AC's part, and obviously trying to file before any limitation period runs out.
Sometimes formal action is what gets these things addressed. AC has no choice but to either file a notice of intention to defend, followed by a statement of defense, or ignore it, in which case he can bring a request for Summary Judgement. I doubt AC would want that --- they will fight this one.
CHeering from calgary with popcorn in hand!
Sometimes formal action is what gets these things addressed. AC has no choice but to either file a notice of intention to defend, followed by a statement of defense, or ignore it, in which case he can bring a request for Summary Judgement. I doubt AC would want that --- they will fight this one.
CHeering from calgary with popcorn in hand!
#424
Original Member
Join Date: May 1998
Location: Vancouver, Canada
Posts: 6,222
So I guess everyone understands the origins of the phrase "lounge dragon" now.
#425
Original Member
Join Date: May 1998
Location: Vancouver, Canada
Posts: 6,222
We all know who this was. More power to him. I'm assuming filing the claim is because of inaction on AC's part, and obviously trying to file before any limitation period runs out.
Sometimes formal action is what gets these things addressed. AC has no choice but to either file a notice of intention to defend, followed by a statement of defense, or ignore it, in which case he can bring a request for Summary Judgement. I doubt AC would want that --- they will fight this one.
CHeering from calgary with popcorn in hand!
Sometimes formal action is what gets these things addressed. AC has no choice but to either file a notice of intention to defend, followed by a statement of defense, or ignore it, in which case he can bring a request for Summary Judgement. I doubt AC would want that --- they will fight this one.
CHeering from calgary with popcorn in hand!
#426
Join Date: Jan 2009
Location: YOW
Programs: AC-SE100K, AC-3MM, Marriott- LT Titanium, SPG RIP
Posts: 2,959
#427
Suspended
Join Date: Mar 2017
Programs: AC
Posts: 2,167
Sometimes formal action is what gets these things addressed. AC has no choice but to either file a notice of intention to defend, followed by a statement of defense, or ignore it, in which case he can bring a request for Summary Judgement. I doubt AC would want that --- they will fight this one.
Unfortunately for us then, notwithstanding the fact that Air Canada will most likely request Mr. Wong to sign a NDA, settlement privilege will preclude us from knowing the outcome.
This would be the equivalent, to me, of going to Wendy's for "5* dining" vs going to McDonalds. They are still both pretty terrible.
Last edited by longtimeflyin; Jun 21, 2018 at 10:19 am
#428
Join Date: Apr 2009
Location: YYC / random hotel in YYZ
Programs: Back of the bus
Posts: 922
Yes, but in the meantime they still need to file a notice of intention to defend and file some sort of statement of defense otherwise the plaintiff could technically note them in default.
Wouldn't be surprised if they ended up settling in the end, but you can bet legal is working up a response already.
Wouldn't be surprised if they ended up settling in the end, but you can bet legal is working up a response already.
#429
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: 44,345
I can assure you that my Super Elite status was never suspended.
It shouldn't take more than 5 seconds to piece together who this is, especially given that half the regulars on this forum have met Mr. Wong in person.
Anyway, this has been a long time coming. I've suffered "damages" from this case as well, as I lost my EYW travel partner. So I have a very vested interest in how this plays out. It would be nice to have a reunion in EYWv8.
I'm sure scrolling up through this thread will have my thoughts on this, but we're not talking about the Signature Suite. We're talking about YVR international, pre-renovation. The plaintiff is a $25 taxi ride from the airport.
Would it be worth $50 at YVR now, during meal hours? Maybe. But I still suspect you could buy a bottle of better scotch and order in some better food for less than $50.
Then there are claims like "Specifically, Air Canada was advised that in 2015, the Plaintiff flew on Air Canada or Star Alliance flights approximately 150 times and was entitled to use the Maple Leaf Lounge approximately 300 times."
How many "abuses" would actually constitute a pattern?
But again, this case seems to have evolved beyond "boo hoo I have no status".
Look at paragraph 66: "a breach by Air Canada of section 7 4.06 of the Competition Act"
67: "a breach by Air Canada of section 74.06, of the Competition Act"
76-79 allege PIPEDA violations
If these claims are proven true, AC is in a lot more trouble than just having to pay someone whatever they can agree upon for the value of SE.
On June 18, 2016, the Plaintiff was travelling on an Air Canada flight from Vancouver to Victoria with several friends when he was escorted off the plane and detained by Air Canada employees after he and everyone had boarded, and made to submit while the Air Canada employees scrutinized his identification and, ultimately, allowed the Plaintiff Eric Wong to re-board the plane after subjecting him to humiliation in front of fellow passengers, including his friends.
Then there was the time I tried to guest him into the YVR domestic MLL after we flew, in business class, YYZ-YVR, which I am fully entitled to do as a Super Elite. Nope. Supervisor got called, and the end result was "Mr. Kennedy, you can enter. Mr. Wong, you cannot." Wasted 20 minutes of my time and was extremely frustrating. That was actually a denial of one of my advertised Super Elite benefits.
Anyway, my point is, I hope he wins.
#430
Join Date: Apr 2009
Location: YYC / random hotel in YYZ
Programs: Back of the bus
Posts: 922
longtimeflyin - i'm sure he will get competent advice. Yes, this probably needs to be adjudicated at trial, i'm simply mentioning the next steps. Obviously summary judgement requires quantified damages (which he hasn't laid out in the claim) so it would likely go the trial route if AC doesn't settle. Regardless --- AC needs to file some sort of notice of intent to defend otherwise Wong could begin next steps towards getting some sort of judgement / result.
AC has dragged their butt's, now they have to react in the specified amount of time and get moving. They're taken two years without a response, no wonder this was filed.
AC has dragged their butt's, now they have to react in the specified amount of time and get moving. They're taken two years without a response, no wonder this was filed.
Last edited by jazzsax; Jun 21, 2018 at 11:08 am
#431
Join Date: Jan 2009
Location: YOW
Programs: AC-SE100K, AC-3MM, Marriott- LT Titanium, SPG RIP
Posts: 2,959
But people do it...for whatever reason.
Nor am I saying Mr. Wong did or didnt do as AC alleges. I do not have a stake in the fight.
The whole thing is bizarre to me.
#432
Join Date: Mar 2012
Location: Worldwide
Programs: UA MileagePlus Premier Platinum, HHonors Diamond
Posts: 289
#433
Join Date: Jan 2016
Location: YYZ
Programs: Only J via Peasant Points, 777HDPeasant or The Unexpected Virtue of Ignorance and Narcissism.
Posts: 5,953
Did Eric ever got anything for entering into a Tolling Agreement in Jan?
#434
Suspended
Join Date: Mar 2017
Programs: AC
Posts: 2,167
longtimeflyin - i'm sure he will get competent advice. Yes, this probably needs to be adjudicated at trial, i'm simply mentioning the next steps. Obviously summary judgement requires quantified damages (which he hasn't laid out in the claim) so it would likely go the trial route if AC doesn't settle. Regardless --- AC needs to file some sort of notice of intent to defend otherwise Wong could begin next steps towards getting some sort of judgement / result.
AC has dragged their butt's, now they have to react in the specified amount of time and get moving. They're taken two years without a response, no wonder this was filed.
AC has dragged their butt's, now they have to react in the specified amount of time and get moving. They're taken two years without a response, no wonder this was filed.
#435
Join Date: Apr 2009
Location: YYC / random hotel in YYZ
Programs: Back of the bus
Posts: 922
Yes - he had 6 months of which the clock "Stopped" so he could still seek civil remedy if AC did not negotiate or settle in good faith. Essentially his clock on when he had to file paused. tolling period expired at which point the action was filed.
I can't speak for him, don't know him, but my guess is the 6 months was to give AC time to propose a settlement... i'm going to guess they didn't bother (or something suitable to Eric wasn't proposed) so now he has filed and is forcing them to waste internal legal resources to fight this.
He has a vested interest to fight this. He's lost benefits. It's not like he was a bottom feeder with AC, he was paying premium fares. Baffles me how they would treat him.
I can't speak for him, don't know him, but my guess is the 6 months was to give AC time to propose a settlement... i'm going to guess they didn't bother (or something suitable to Eric wasn't proposed) so now he has filed and is forcing them to waste internal legal resources to fight this.
He has a vested interest to fight this. He's lost benefits. It's not like he was a bottom feeder with AC, he was paying premium fares. Baffles me how they would treat him.