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ARTICLE · 15 MARCH 2021

Court Declines WestJet Sexual Harassment Class Action

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In Lewis v WestJet Airlines Ltd., the Supreme Court of British Columbia (the Court) declined to certify a proposed class action alleging workplace sexual harassment of female flight attendants at WestJet Airlines Ltd.

CanadaEmployment and HR
Lisa Talbot
Lisa Talbot
Sarah E. Whitmore
Sarah E. Whitmore
Morag McGreevey
Morag McGreevey
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In Lewis v WestJet Airlines Ltd.1, the Supreme Court of British Columbia (the Court) declined to certify a proposed class action alleging workplace sexual harassment of female flight attendants at WestJet Airlines Ltd. (WestJet). Justice Horsman held that a class action was not the preferable procedure for resolving the claim and suggested that the Canadian Human Rights Tribunal (CHRT) would be a more appropriate venue for hearing the complaint.

WestJet had previously failed in its attempt to have the claim struck on the basis that the action should be brought before the CHRT. The Supreme Court of British Columbia and the Court of Appeal rejected WestJet's argument, and the Supreme Court of Canada declined to review the issue2.

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