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ARTICLE · 05 JULY 2024

Quebec Court Of Appeal: Voluntary Refund Program Insufficient To Prevent Class Action Authorization

Blake, Cassels & Graydon LLP
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In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines...

CanadaLitigation, Mediation & Arbitration
Claude Marseille
Claude Marseille
Cristina Cataldo
Cristina Cataldo
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In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines (Respondents) after airplane tickets and travel packages were cancelled due to the COVID-19 pandemic. The QCA allowed the class action to proceed despite the Respondents' stated commitment to establish voluntary refund programs for their customers.

The QCA's ruling in this matter raises the question of the effect that implementing a voluntary refund program may have on an application to authorize a class action in Quebec.

Procedural Background

Following the cancellation of all flights from Canada due to the COVID-19 pandemic, the appellants, Messrs. Lachaine and Bonnier (Appellants), were offered a travel credit subject to certain conditions rather than the reimbursement of their airline tickets or travel packages. The Appellants filed a class action claim on behalf of all individuals who

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