Superior Court Rules On A Question Of Law And Dismisses Proposed Class Proceeding At Authorization

On January 30, 2019, Justice Prévost of the Superior Court of Quebec dismissed an application for authorization to institute a class action in Benamor v. Air Canada, 2019 QCCS 208, on the basis that the Plaintiff's claim could possibly not succeed in law.

The Plaintiff was seeking to institute a class action against Air Canada alleging that the Air Canada Flight Passes were "prepaid cards" under article 187.1 of the Quebec Consumer Protection Act, and that they illegally expired by the lapse of time.

Justice Prévost stated that the Court had a duty to rule on any questions of law if the success of the action is contingent on their determination. Here, because the success of the proposed class action depended on whether the Flight Passes can be considered "prepaid cards" under the Consumer Protection Act, Justice Prévost concluded he had to render a decision on this question.