Aeroplan Fuel & Other Surcharges Class Action Lawsuit For Quebec Residents

2 Comments

Seems that Aimia may be on the hook for Aeroplan fuel and other surcharges it collected from Quebec residents since December 12, 2011.

Aeroplan

This class action lawsuit was first intended for all members in Canada but was restricted by the judge for Quebec residents only.

You can access the website for the lawsuit here.

Here’s announcement that Air Canada/Aeroplan posted:

IF YOU HAVE HAD TO PAY A FUEL SURCHARGE WHEN REDEEMING AEROPLAN MILES SINCE DECEMBER 15, 2011, THIS NOTICE MAY AFFECT YOUR RIGHTS.

  1. On July 11, 2017, Chantale Taillon was authorized by the Superior Court of Quebec to institute a class action in this file. This judgment was upheld by the Court of Appeal of Quebec on July 5, 2018.
  2. This class action was authorized on behalf of consumers domiciled and residing in Quebec who, since December 12, 2011, have had to pay fuel surcharges when redeeming Aeroplan Miles to purchase airline tickets for flights operated by Air Canada, Air Canada Rouge or Air Canada Express within Canada (domestic flights) or to the United States.
  3. Chantale Taillon was authorized to represent all persons in the designated group as follows:”All consumers domiciled and residing in Quebec who, since December 12, 2011, redeemed Aeroplan Miles, through the Aeroplan Program owned and/or operated by Aimia Canada Inc. and Aimia Inc., to purchase airline tickets for domestic or US transborder flights operated by Air Canada, Air Canada Rouge or Air Canada Express and who paid a fuel surcharge for such flights.”
  4. The main questions of fact or law that will be dealt with collectively at this stage of the class action are as follows:
    1. “Were the fuel surcharges imposed by Defendants on the Class members charged illegally and contrary to the Aeroplan Terms and Conditions?
    2. If so, are the Class members entitled to the full restitution of the fuel surcharges paid to the Defendants?
    3. Are the Class members entitled to punitive damages under the CPA?
    4. If so, what is the amount of punitive damages that each Class member should obtain?”
  5. The related conclusions sought are as follows:
    1. “GRANTS Plaintiff’s class action on behalf of every Class member she represents;
    2. CONDEMNS Defendants, solidarily, to reimburse the totality of the fuel surcharges paid by the Class members, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    3. CONDEMNS Defendants, solidarily, to pay punitive damages to the Class members in the amount of $100 each, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    4. ORDERS the collective recovery of the Class members’ claims;
    5. THE WHOLE, with costs, including expert costs and the cost of notices;”
  6. The class action will proceed in the district of Montreal.
  7. All members of the group are invited to contact the group lawyers identified below for more information on the class action and to learn about their rights. Communications are confidential and free of charge:Savonitto & Ass. Inc.
    Me Michel Savonitto and Me Carl Consigny, plaintiffs’ lawyers
    468, Saint Jean Street, suite 400
    Montreal, QC H2Y 2S1
    Telephone: 514-843-3125
    Fax.: 514-843-8344
    E-mail: aeroplan@savonitto.com
    Website: http://savonitto.com
  8. All group members are automatically eligible to benefit from the class action and will be bound by it without having to register.
  9. If you do not want to benefit from the class action, you may opt out of the class within sixty (60) days of this notice as follows:
    1. If a member has not already filed a personal claim against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc., he or she may exclude himself or herself from the group by notifying the clerk of the Superior Court of the District of Montreal in accordance with article 580 of the Code of Civil Procedure.
    2. Any member of the class who has filed a claim in a civil court against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc. that has the same subject matter as this class action shall be deemed to exclude himself or herself from the class if he or she does not discontinue his or her individual action before the expiry of the exclusion period.
  10. A member of the group may be granted intervener status if his or her intervention is considered useful to the group.
  11. A member of the group, other than the representative or an intervener, cannot be ordered to pay the legal costs of the class action

This notice has been authorized and approved by the Honourable Martin Castonguay, j.s.c 

IF YOU HAVE HAD TO PAY AN AIRPORT IMPROVEMENT FEE FOR REDEEMING AEROPLAN MILES SINCE DECEMBER 15, 2011, THIS NOTICE MAY AFFECT YOUR RIGHTS.

  1. On July 11, 2017, Chantale Taillon was authorized by the Superior Court of Quebec to institute a class action in this file. This judgment was upheld by the Court of Appeal of Quebec on July 5, 2018.
  2. This class action was authorized on behalf of consumers domiciled and residing in Quebec who, since December 15, 2011, when redeeming Aeroplan Miles to purchase airline tickets have had to pay airport improvement fees imposed by the airport authorities operating the following airports: Prince George, BC; Vancouver, BC; Victoria, BC; Calgary, AB; Edmonton, AB; Regina, SK; Saskatoon, SK; Winnipeg, MB; London, ON; Ottawa, ON; Toronto, ON; Montreal Dorval, QC; Quebec City, QC; Fredericton, NB; Moncton, NB; Saint John, NB; Halifax, NS; Charlottetown, PEI; Gander, NL and St. John’s, NL.
  3. Chantale Taillon was authorized to represent all persons in the designated group as follows:”All consumers domiciled and residing in Quebec who, since December 15, 2011, redeemed Aeroplan Miles, through the Aeroplan Program owned and/or operated by Aimia Canada Inc. and Aimia Inc., to purchase flight tickets and who paid, with respect to such flights, airport improvement fees, and applicable taxes, imposed by the airport authorities operating the following airports:

    Prince George, BC
    Vancouver, BC
    Victoria, BC
    Calgary, AB
    Edmonton, AB
    Regina, SK
    Saskatoon, SK
    Winnipeg, MB
    London, ON
    Ottawa, ON
    Toronto, ON
    Montreal Dorval, QC
    Quebec, QC
    Fredericton, NB
    Moncton, NB
    Saint John, NB
    Halifax, NS
    Charlottetown, PEI
    Gander, NL
    St. John’s, NL”

  4. The main questions of fact or law that will be dealt with collectively at this stage of the class action are as follows:
    1. “Were the Airport Improvement Fees imposed by Defendants on the Class members charged illegally and contrary to the Aeroplan Terms and Conditions?
    2. If so, are the Class members entitled to the full restitution of the Airport Improvement Fees paid to Defendants?
    3. Are the Class members entitled to punitive damages under the CPA?
    4. If so, what is the amount of punitive damages that each Class member should obtain?”
  5. The related conclusions sought are as follows:
    1. “GRANTS Plaintiff’s class action on behalf of every Class member he represents;
    2. CONDEMNS Defendants, solidarily, to reimburse the totality of the Airport Improvement Fees paid by the Class members, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    3. CONDEMNS Defendants, solidarily, to pay punitive damages to the Class members in the amount of $100 each, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    4. ORDERS the collective recovery of the Class members’ claims;
    5. THE WHOLE, with costs, including expert costs and the cost of notices;”
  6. The class action will proceed in the district of Montreal.
  7. All members of the group are invited to contact the group lawyers identified below for more information on the class action and to learn about their rights. Communications are confidential and free of charge:Savonitto & Ass. Inc.
    Me Michel Savonitto and Me Carl Consigny, plaintiffs’ lawyers
    468, Saint Jean Street, suite 400
    Montreal, QC H2Y 2S1
    Telephone: 514-843-3125
    Fax.: 514-843-8344
    E-mail: aeroplan@savonitto.com
    Website: http://savonitto.com
  8. All group members are automatically eligible to benefit from the class action and will be bound by it without having to  register.
  9. If you do not want to benefit from the class action, you may opt out of the class within sixty (60) days of this notice as follows:
    1. If a member has not already filed a personal claim against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc., he or she may exclude himself or herself from the group by notifying the clerk of the Superior Court of the District of Montreal in accordance with article 580 of the Code of Civil Procedure.
    2. Any member of the class who has filed a claim in a civil court against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc. that has the same subject matter as this class action shall be deemed to exclude himself or herself from the class if he or she does not discontinue his or her individual action before the expiry of the exclusion period.
  10. A member of the group may be granted intervener status if his or her intervention is considered useful to the group.
  11. A member of the group, other than the representative or an intervener, cannot be ordered to pay the legal costs of the class action.

This notice has been authorized and approved by the Honourable Martin Castonguay, j.s.c 

IF YOU HAVE HAD TO PAY PASSENGER SERVICE CHARGES FOR REDEEMING AEROPLAN MILES FOR FLIGHTS OPERATED BY AIR CANADA SINCE JUNE 9, 2012, THIS NOTICE MAY AFFECT YOUR RIGHTS.

  1. On July  11, 2017, Robert Lamontagne was authorized by the Superior Court of Quebec to institute a class action in this file. This judgment was upheld by the Court of Appeal of Quebec on July 5, 2018.

  2. This class action was authorized on behalf of consumers domiciled and residing in Quebec who, since June 9, 2012, have had to pay passenger service charges when redeeming Aeroplan Miles upon purchasing tickets for flights operated by Air Canada as a result of departing from or transiting through the following airports: Heathrow in London, England; Charles de Gaulle in Paris, France; Lyon Airport, France; Frankfurt Airport, Germany; Munich Airport, Germany; Copenhagen Airport, Denmark; Narita Airport in Tokyo, Japan and; Haneda Airport in Tokyo, Japan.

  3. Robert Lamontagne was authorized to represent all persons in the designated group as follows (unofficial translation):”All consumers domiciled and residing in Québec who, since June 9, 2012, redeemed Aeroplan Miles, through the Aeroplan Program owned and/or operated by Aimia Canada Inc. and Aimia Inc., to purchase Air Canada flight tickets and who paid, with respect to such flights, Passenger Charges, and applicable taxes, as a result of departing from or transiting through the following airports (collectively the ‘Foreign Airports’):

    1. the Heathrow airport in London, UK;
    2. the Charles de Gaulle airport in Paris, France;
    3. the Lyon airport in Lyon, France;
    4. the Frankfurt airport in Frankfurt, Germany;
    5. the Munich airport in Munich, Germany;
    6. the Copenhagen airport in Copenhagen, Denmark;
    7. the Narita airport in Tokyo, Japan;
    8. the Haneda airport in Tokyo, Japan.”
  4. The main questions of fact or law that will be dealt with collectively at this stage of the class action are as follows:

    1. “Were the Passenger Charges imposed by Defendants on the Class members charged illegally and contrary to the Aeroplan Terms and Conditions?
    2. If so, are the Class members entitled to the full restitution of the Passenger Charges, plus applicable taxes, that they were required to pay?
    3. Are the Class members entitled to punitive damages under the CPA?
    4. If so, what is the amount of punitive damages that each Class member should obtain?”
  5. The related conclusions sought are as follows:

    1. “GRANTS Plaintiff’s class action on behalf of every Class member he represents;
    2. CONDEMNS Defendants, solidarily, to reimburse the totality of the Passenger Charges, plus applicable taxes paid by the Class members, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    3. CONDEMNS Defendants, solidarily, to pay punitive damages to the Class members in the amount of $100 each, together with interest at the legal rate and the additional indemnity provided by law, as of the date of service of the Motion for authorization to institute a class action;
    4. ORDERS the collective recovery of the Class members’ claims;
    5. THE WHOLE, with costs, including expert costs and the cost of notices;”
  6. The class action will proceed in the district of Montreal.

  7. All members of the group are invited to contact the group lawyers identified below for more information on the class action and to learn about their rights. Communications are confidential and free of charge: Savonitto & Ass. Inc.Me Michel Savonitto and Me Carl Consigny, plaintiffs’ lawyers468, Saint Jean Street, suite 400Montreal, QC H2Y 2S1Telephone: 514-843-3125Fax.: 514-843-8344E-mail: aeroplan@savonitto.com Website: http://savonitto.com

  8. All group members are automatically eligible to benefit from the class action and will be bound by it without having to register.

  9. If you do not want to benefit from the class action, you may opt out of the class within sixty (60) days of this notice as follows:

    1. If a member has not already filed a personal claim against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc., he or she may exclude himself or herself from the group by notifying the clerk of the Superior Court of the District of Montreal in accordance with article 580 of the Code of Civil Procedure.
    2. Any member of the class who has filed a claim in a civil court against Aimia Canada Inc. (renamed Aeroplan Inc.) and/or Aimia Inc. that that has the same subject matter as this class action shall be deemed to exclude himself or herself from the class if he or she does not discontinue his or her individual action before the expiry of the exclusion period.
  10. A member of the group may be granted intervener status if his or her intervention is considered useful to the group.

  11. A member of the group, other than the representative or an intervener, cannot be ordered to pay the legal costs of the class action.

Conclusions

Can I say how much I hate “loyalty” programs that collect carrier surcharges and other fake fees that they just pocket?

These fuel surcharges were first launched when the price of the oil spiked but as the price soon started to fall they were not removed. Airlines learned that they are good way to stiff their frequent fliers, corporate travelers and travel agents.

I would love to see other airlines being hit with these.

If you enjoyed this article, get our blog updates for free!

Previous articleIHG Launches Its 16th Brand: Atwell Suites
Next articleJoie De Vivre Now World Of Hyatt Participating

YOU MIGHT ALSO LIKE