A man rides a escalator wearing mandatory masks at Toronto’s Pearson International Airport for a “Healthy Airport” during the COVID-19 pandemic in Toronto, Tuesday, June 23, 2020. The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts. THE CANADIAN PRESS/Nathan Denette

A man rides a escalator wearing mandatory masks at Toronto’s Pearson International Airport for a “Healthy Airport” during the COVID-19 pandemic in Toronto, Tuesday, June 23, 2020. The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts. THE CANADIAN PRESS/Nathan Denette

Federal Court says class action on COVID-19 airfare refunds a matter for other courts

A proposed class action was launched against Air Canada, Air Transat, WestJet Airlines and its Swoop subsidiary

The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts.

Justice Michael Manson says in a decision today that a proposed class-action lawsuit seeking certification is outside the Federal Court’s jurisdiction, even though air travel is a federal area of responsibility.

Plaintiff Janet Donaldson launched a proposed class action against Air Canada, Air Transat, WestJet Airlines and its Swoop subsidiary after the COVID-19 pandemic struck in March and triggered a global travel industry collapse.

The British Columbia resident says WestJet cancelled her flight but initially gave her no reimbursement options, offering travel vouchers instead.

Manson’s ruling strikes her claim on jurisdictional grounds, but avoids weighing in on the merits of the refund issue itself.

A handful of proposed class-action suits are ongoing in provincial courts, including in B.C. and Quebec, as frustrated customers seek refunds for trips they paid for but never took.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cumberland’s council is looking at more ways to preserve its heritage not only through its museum and archives but through historic buildings. Record file photo
Cumberland considers density bonus to preserve heritage

The incentive is just one of many steps community looking at to protect older sites

Royston resident and photographer Tanja Kerr took a quick video of two eagles taking a quick dip in the water earlier this week. Video still/Tanja Kerr
Video: Eagle spotting in Royston

Photographer Tanja Kerr ensures her camera is always nearby

Rod Bitten of Union Bay won $500,000 in the Lotto Max draw on Jan. 15. Photo supplied
Union Bay electrician gets shocking surprise with $500K Extra win

Rod Bitten has been hard at work with home renovations, which is… Continue reading

Eighteen-year-old Aidan Webber died in a marine accident in 2019. He was a Canadian Junior BMX champion from Nanaimo. (Submitted)
Inadequate safety training a factor in teen BMX star’s workplace death in 2019

Aidan Webber was crushed by a barge at a fish farm near Port Hardy

Angel Azul
World Community Film Festival reaches 30th year

Every February for the past three decades, World Community has hosted a… Continue reading

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Toronto-based director Michelle Latimer was recently scrutinized after years of claiming she was of Algonquin and Metis descent. (CANADIAN PRESS/Chris Young)
Haida activist calls for hefty fines, jail time against those who claim to be Indigenous

Filmmaker Tamara Bell proposing the Indigenous Identity Act – to dissuade ‘Indigenous identity theft’

(File)
Man allegedly bites Vancouver cop during arrest for outstanding warrant

The officer was treated in hospital for the bite wounds

(File Photo)
Interior Health says COVID positivity rates in Fernie area actually 10-12%

IH say the rates are not as high as previously claimed by the region’s top doctor

Black bear cubs Athena and Jordan look on from their enclosure at the North Island Wildlife Recovery Association in Errington, B.C., on July 8, 2015. Conservation Officer Bryce Casavant won the hearts of animal lovers when he opted not to shoot the baby bears in July after their mother was destroyed for repeatedly raiding homes near Port Hardy, B.C. THE CANADIAN PRESS/Chad Hipolito
Supreme Court quashes review of B.C. conservation officer who refused to euthanize bears

Bryce Casavant was dismissed from his job for choosing not to shoot the cubs in 2015

Francina Mettes and Thomas Schouten with the 200-page document they submitted in December of 2018. (Travis Paterson/News Staff)
Dutch man, 94, facing unwanted trip home can stay in B.C. with wife of 45 years

Immigration offices cuts red tape so couple of 45 years can stay together in Victoria area

Most Read