Dec 10, 20, 7:55 pm
Last edit by: Adam Smith
As of April 13, 2021 (in conjunction with the federal government bailout), AC is providing refunds for flights cancelled due to COVID, which applies to tickets with travel after February 1, 2020, and purchased before April 13, 2021. This includes flights cancelled by customers rather than AC.
Going forward (i.e. tickets purchased on or after April 13, 2021), cancelled flights will be refunded if AC does not offer a re-booking option with departure +/- 3 hours from the original time.
AC refund portal
Online refund request form
Press release on the bailout
Going forward (i.e. tickets purchased on or after April 13, 2021), cancelled flights will be refunded if AC does not offer a re-booking option with departure +/- 3 hours from the original time.
AC refund portal
Online refund request form
Press release on the bailout
Master thread Air Canada Refunds vs credits; Class action lawsuit filed
Mar 29, 20, 7:54 am
#1
Original Poster
Join Date: Aug 2018
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Master thread Air Canada Refunds vs credits; Class action lawsuit filed
COVID-19 Flight Refunds Class Action
Statement of claim: http://evolinklaw.com/wp-content/upl...laim-filed.pdf
Interested to hear the forums thoughts!
Moderator note: please see 2022 thread here. - Adam Smith, AC Forum Co-Moderator
Statement of claim: http://evolinklaw.com/wp-content/upl...laim-filed.pdf
Interested to hear the forums thoughts!
Moderator note: please see 2022 thread here. - Adam Smith, AC Forum Co-Moderator
Last edited by Adam Smith; Mar 25, 22 at 8:24 am
Mar 29, 20, 8:50 am
#2
Join Date: Dec 2008
Location: Delta, BC
Posts: 1,621
Will just "hear" the same discussion that is already being thrashed-out in other threads. Another lawsuit just means the issue can be put on the back-burner for 2+ years while the case winds through the now even slower legal system.
Mar 29, 20, 11:31 am
#3
Join Date: Oct 2010
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Despite this, there could be a trickle down benefit to all of us if you opt in.
It's likely a compelling argument that a law firm could take up on contingency.
It's likely a compelling argument that a law firm could take up on contingency.
Mar 29, 20, 12:04 pm
#4
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Mar 29, 20, 12:11 pm
#5
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Regardless of what the outcome is, I can't imagine it will change any of the airlines' behaviours related to this...
Mar 29, 20, 12:18 pm
#6
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Indeed. This class action lawsuit over expired AP miles was posted in this forum by this member in 2009 and wasn't settled until 2018.
Mar 29, 20, 6:01 pm
#7
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Associated with this will be a claim of bad faith. The Airlines persisted in selling airline tickets right up until the Canadian government made its more explicit return to Canada request and moved to stop international flights. This isn't about the stupidity of people who continued to fly. Rather it is about a business decision to keep selling tickets that the airlines were aware that they would not be able to honour. They were gambling with customer funds. The airlines had a duty of care to warn customers as far back as mid February as the pandemic grew that there was a strong likelihood that flights would be cancelled. It was evident this would explode even then. Yes, there was a responsibility of the customers to act in a prudent manner, but the airline industry dropped the ball on this.
Mar 29, 20, 7:12 pm
#8
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Mar 29, 20, 8:59 pm
#9
Join Date: Apr 2002
Location: YXE
Posts: 3,050
I suspect the Government will pass legislation instituting a some sort of statutory force majeure doctrine. Additionally, there is still a decent chance that AC ultimately files for CCAA, in which case, the not refunded tickets would be unsecured claims and a judicial stay entered against the proceedings.
Mar 30, 20, 5:44 am
#10
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The only people who win in class actions are the lawyers. The defendant takes a huge financial hit which hurts its business (and ultimately its customers). They are usually settled for a portion of the claimed amount and then the lawyers take a huge cut, leaving the plaintiffs in a case like this with very little, after years of waiting. They are usually portrayed as some great win for "the little guy", touting multi-million dollar wins, but this is far from the reality for most plaintiffs.
Mar 30, 20, 6:32 am
#11
Original Member
Join Date: May 1998
Location: Vancouver, Canada
Posts: 6,220
The only people who win in class actions are the lawyers. The defendant takes a huge financial hit which hurts its business (and ultimately its customers). They are usually settled for a portion of the claimed amount and then the lawyers take a huge cut, leaving the plaintiffs in a case like this with very little, after years of waiting. They are usually portrayed as some great win for "the little guy", touting multi-million dollar wins, but this is far from the reality for most plaintiffs.
Indeed. This class action lawsuit over expired AP miles was posted in this forum by this member in 2009 and wasn't settled until 2018.
Mar 30, 20, 6:37 am
#12
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Mar 30, 20, 8:08 am
#13
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the govt will end up bailing out AC perhaps at that time they will force AC to give refunds.
Mar 30, 20, 10:43 am
#15
Join Date: Dec 2008
Location: Delta, BC
Posts: 1,621
Somewhat of a false narrative, the objective is to change behaviour more than it is to save all-encompassing net cash costs to consumers. Personally, I think the objectives of the lawsuit are overshadowed by the probability that any sniff of large success by the plaintiffs will lead to immediate bankruptcy protection for AC (and similarly for WestJet or any other Canadian airline subject to a similar suit); if they aren't already there by the time this gets to trial (if ever).
What would be more useful is that future amendments to the tariffs and regulations make standard provisions for force majeure events that balance (have fun deciding that one) the rights and obligations of the customer/carrier based upon the specific circumstances.
What would be more useful is that future amendments to the tariffs and regulations make standard provisions for force majeure events that balance (have fun deciding that one) the rights and obligations of the customer/carrier based upon the specific circumstances.
