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

Dyllan Petrin is charged related to an ongoing investigation in Surrey involving a kidnapping and assault that occurred in July, 2019. (Photo: Surrey RCMP)
Man arrested in connection to kidnapping, murder investigations: Surrey RCMP

Police say Dyllan Petrin was arrested in Vancouver

Chief Constable Norm Lipinski, Surrey Police Service. (Submitted photo)
Surrey chief constable says ‘comprehensive’ public engagement to be done this year

Norm Lipinski says Surrey Police Service has ‘good momentum’

Surrey-raised forward Jujhar Khaira in action with Edmonton Oilers. (Photo: nhl.com)
Q&A: Surrey’s Jujhar Khaira credits parents for their hard work on his path to NHL

Port Kells-raised player talks about his journey to pro hockey with Edmonton Oilers

The interventional oncology team at Surrey Memorial Hospital. The Surrey Hospitals Foundation has invested in innovative technologies to kickstart a new Interventional Oncology service at Surrey Memorial Hospital. (Submitted photo: Yvonne Chiang)
Surrey Memorial home to machines for ‘minimally invasive’ cancerous tumours treatments

Technology can freeze, burn tumours without need for surgery

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

A woman writes a message on a memorial mural wall by street artist James “Smokey Devil” Hardy during a memorial to remember victims of illicit drug overdose deaths on International Overdose Awareness Day, in the Downtown Eastside of Vancouver, on Monday, August 31, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. paramedics respond to record-breaking number of overdose calls in 2020

On the front lines, COVID-19 has not only led to more calls, but increased the complexity

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

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

The Elk Valley Hospital is adapting to meet the needs of patients in the Elk Valley.
1-in-5 COVID tests coming back positive in and around Fernie, sparking concern

Dr Ron Clark of Elk Valley Hospital said one in five tests was returning positive for COVID-19

Ralliers gather in front of the Cityviews Village apartment building in Maple Ridge to protest attempts to evict low-income tenants by the building owner. (Ronan O’Doherty - The News)
Tenants protest pressure tactics by new landlord at Maple Ridge apartment building

Protest held in front of Cityviews Village on 223 St. Tuesday to rally against low-income evictions

Throughout December, RCMP conducted CounterAttack road checks as police worked to keep roads free of impaired drivers. (BLACK PRESS file photo)
From the “You can’t make this stuff up” file – stories from the BC CounterAttack campaign

Amusing, yes, but a reminder impaired driving affects ability to drive and to make good decisions

Snow is forecasted to appear in parts of Metro Vancouver this weekend. (Black Press Media files)
Snow forecasted for parts of Lower Mainland this weekend

Environment Canada is predicting flurries and snow from Saturday to Monday evening

Most Read