Some eligible Air Canada passengers who experienced flight delays could be part of a class-action lawsuit.
Air Canada flight delays are at the centre of a class-action lawsuit that was certified by the Québec Superior Court, according to a Jan. 13 statement from law firm Slater Vecchio LLP.
“This decision is an important step to providing access to justice to these passengers, and the class action is a vehicle through which these class members may now seek access to justice,” said Saro Turner, partner at Slater Vecchio LLP.
In an email to Daily Hive, Air Canada stated that the court certification isn’t “a finding pursuant to a trial.”
“It does not contain conclusions of any wrongdoing,” it stated. “It is a preliminary authorization, which may lead to a trial. That said, we will defend ourselves vigorously if the case proceeds.”
The allegations
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The allegations claim that Air Canada, Air Canada Rouge, or Air Canada Express flights delayed between Dec. 15, 2019 and Aug. 7, 2022, stemmed from staffing shortages. However, the lawsuit states that the carrier classified the delays as “safety-related or beyond its control.”
The lawsuit argues that the cause for the delay was actually within an airline’s control and falls within the carrier’s operational responsibility under Canada’s Air Passenger Protection Regulations (APPR). It also alleges that the airline “implemented a corporate policy of classifying staffing-related delays as safety-related, potentially depriving passengers of compensation to which they may be entitled.”
According to APPR, airlines are required to provide compensation for the inconvenience of flight delays of three hours or more if the cause of the delays was “within their control and not related to safety.” Large airlines must pay passengers $400 if they arrive between three and six hours late, $700 if they arrive six and nine hours late, and $1,000 if they arrive nine or more hours late.
Air Canada states that its policy is to fully comply with APPR requirements.
“With respect to this case, the particular question of crew constraints being coded to safety was investigated by the CTA and no systemic issues were found, and no fines were levied,” they stated.
None of the allegations against the airline have been proven in court.
Who’s eligible?
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Slater Vecchio said it’s seeking compensation provided for in the APPR for the inconvenience suffered by passengers, as well as “interest and additional compensation provided for by law.”
You could be eligible to be part of this nationwide class-action lawsuit if, between Dec. 15, 2019 and Aug. 7, 2022, you were a passenger on Air Canada, Air Canada Rouge, or Air Canada Express flights and arrived at your final destination at least three hours late because of staffing issues or shortages.
If you were affected by these delays, visit Slater Vecchio’s website to provide your details, and a representative will contact you.
“We will continue to champion the rights of air travel passengers,” said Turner.
The airline also faces another class-action lawsuit brought forward on behalf of passengers impacted by cancellations caused by the Air Canada strike in 2025.