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ARTICLE · 15 FEBRUARY 2022

Excess Baggage: Round Two Of The Westjet Baggage Fee Class Action

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Westjet's baggage fee woes are not over. We have previously reported on a decision of the B.C. Supreme Court to certify a class proceeding against the defendants WestJet Airlines Ltd. and WestJet Encore Ltd...

CanadaAntitrust/Competition Law
Joan Young
Joan Young
Carina Chiu
Carina Chiu
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Westjet's baggage fee woes are not over. We have previously reported on a decision of the B.C. Supreme Court to certify a class proceeding against the defendants WestJet Airlines Ltd. and WestJet Encore Ltd. (together, "WestJet") relating to the charging of baggage fees ("Bergen #1").1 The Court had found common issues in the plaintiff's breach of contract and unjust enrichment claims and granted leave to amend deficiencies in the notice of civil claim in respect of the Competition Act claims.

In a subsequent decision, the Court accepted the plaintiff's amendments and certified additional common issues under section 54 of the Competition Act, which relates to the offence of double-ticketing ("Bergen #2").2 Westjet then appealed this decision.3

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