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Transport Aérien Nord Américain / Air Travel in North America

NOTICE OF PARTIAL DISCONTINUANCE OF A CLASS ACTION

(with regard to Southwest Airlines Co. only)

  1. BE AWARE that by judgment dated February 14, 2017, the Superior Court has authorized Option Consommateurs and Johanne Labrecque to discontinue their application to authorize a class action, but in the regard to Southwest Airlines Co. only;
  2. The application for a class action continues with regard to the other airlines identified in the proceedings;
  3. The discontinuance is authorized, among other reasons, because a class action being debated in the United States would comprise a class including the persons having purchased in Canada (therefore in Québec) a plane ticket for a flight between two airports situated in the United States.

 

On September 22th, 2015, a Motion for authorization to institute a class action was filed with the Superior Court of Québec on behalf of any person who purchased in Québec a plane ticket for a flight within the United States, or between Canada and the United States, operated by American Airlines, Delta Air Lines, Southwest Airlines, United Airlines, Air Canada, Air Canada Rouge or any person linked to them, between January 1st, 2010 and July 1st, 2015. The motion alleges that during this period, these airline companies conspired to raise artificially the price of their plane tickets and to unduly limit the competition.

The petitioner Option consommateurs believes that the cartel set up by American Airlines, Delta Air Lines, Southwest Airlines, United Airlines, Air Canada and Air Canada Rouge had the effect to artificially inflate the price of the above-mentioned tickets bought by the members of the group. The class action aims mainly at obtaining the reimbursement of the part of the plane tickets that was unjustly paid by the members of the group.

This class action is led by Belleau Lapointe, LLP.

 

Are you part of the class?

 

You are part of the proposed class in the context of the present case if you correspond to the following:

[Translation] "Any person who purchased in Québec a plane ticket for a flight within the United States, or between Canada and the United States, by one of the respondents or any person linked to them, between January 1st, 2010 and July 1st, 2015.

However, any corporation, partnership or association is only part of the group if, at all times between September 21th, 2014 and September 21th, 2015, it had under its direction or control not more than fifty (50) people bound to it by contract of employment, and provided that it is not related to the petitioner."

If you are part of this class, we invite you to register yourself as one of its members. This way, we will communicate with you whenever there are important developments in this file.

 

Chronology

February 2017

At the request of the Plaintiff, the Superior Court of Quebec stays temporarily the proceedings in this case, until final judgment by the Superior Court of Justice of Ontario in the matter of Gifford v. Air Canada and others (no 2120/15).

September 2015

Filing of the Motion for Authorization to Institute a Class Action.