B.C. Supreme Court gives OK to class-action lawsuit against WestJet over baggage fee
Jan 13, 2021, 9:13 pm
#1
Original Poster
Join Date: Feb 2020
Posts: 1,203
B.C. Supreme Court gives OK to class-action lawsuit against WestJet over baggage fee
Would be nice to see Westjet being forced to refund those nasty checked baggage fees.
https://globalnews.ca/news/7562226/b...t-baggage-fee/
“The plaintiff claims that, by charging fees for baggage carriage in a manner contrary to WestJet’s own tariffs, WestJet violated the Competition Act, breached its contract with its customers, and was unjustly enriched,” the court ruling explained.
Jan 14, 2021, 11:14 am
#2
Join Date: Dec 2008
Location: Delta, BC
Posts: 1,646
Did this go before the CTA already? Typically, tariff discrepancies are adjudicated there - at least initially.
Answered my own question:
"WestJet also argued that the Canada Transportation Agency provides a mechanism by which to adjudicate passenger complaints. The court acknowledged that the agency could hear individual claims, but that this would not be a preferable procedure to a class proceeding.
Because there are allegedly more than 9 million potential Class Members, the court determined that a WestJet class action lawsuit “is the only economically viable means for class members to obtain justice in a matter in which each traveller’s individual claim is very small.”
"
Answered my own question:
"WestJet also argued that the Canada Transportation Agency provides a mechanism by which to adjudicate passenger complaints. The court acknowledged that the agency could hear individual claims, but that this would not be a preferable procedure to a class proceeding.
Because there are allegedly more than 9 million potential Class Members, the court determined that a WestJet class action lawsuit “is the only economically viable means for class members to obtain justice in a matter in which each traveller’s individual claim is very small.”
"
Jan 17, 2021, 11:50 pm
#3
Moderator, Air Canada; FlyerTalk Evangelist
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Posts: 16,765
Seems like some sloppy lawyering from whoever had updated WS's tariff around that time.
Jan 18, 2021, 6:30 pm
#4
Join Date: Apr 2016
Posts: 611
Around that time, WestJet was scanning a copy of their Transborder / International tariff to a PDF and uploading it (well until around 2 years ago). Sloppy describes WS and tariffs for sure. (Heck, even their website was inconsistent with wordings regarding refundability of tickets).
Jan 24, 2022, 10:38 pm
#5
Join Date: Dec 2002
Posts: 8,001
B.C. Court rejects WestJet's appeal of class action certification about baggage fees
https://www.castanet.net/edition/news-story--3-.htm
The Calgary-based airline is alleged to have between September 2014 and March 2019 published two prices for checked bags, one that was free and then charged passengers another that was higher.