A class-action lawsuit against WestJet Airlines has been given the green light by B.C.’s Supreme Court.
This week, B.C. Supreme Court Justice J. Francis ruled in favour of plaintiff Phebe-Joy Trotman, who was seeking a class proceeding against WestJet regarding its baggage-fee charges from 2014 to 2019.
In the lengthy court ruling, which can be viewed here, the plaintiff claimed that WestJet charged a baggage fee during a time period when customers would not have to pay a fee for their first checked bag.
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“The plaintiff claims that, by charging fees for baggage carriage in a manner contrary to WestJet’s own tariffs, WestJet violated the Competition Act, breached its contract with its customers, and was unjustly enriched,” the court ruling explained.
The decision also noted that “by law, every commercial airline in Canada must publish tariffs, which form part of the airline’s contract with each of its customers.”
It said for domestic flights, the requirement to publish and display tariffs is set out in the Canada Transportation Act. For international flights, the requirement is set out under Air Transportation Regulations.
The court decision went into detail about WestJet’s baggage fees, noting that “from October 2014 to March 2016, WestJet’s domestic tariff contained conflicting provisions with respect to the price of the first checked bag on a domestic WestJet flight.”
For example, it said, “the carrier will accept one piece of checked baggage without charge for a passenger only for the flight on which the passenger is travelling.”
But it also said, “a first, second, third or fourth piece of checked baggage … will be charged according to the fee tables below.”
It also noted that, “between September 2014 and February 2018, WestJet charged passengers travelling domestically on econo fares, WestJet vacations and group fares $25 for their first checked bag.”
The court decision also said WestJet’s international tariff contained a similar inconsistency from January 17, 2016, until March 2019.
The court noted that Section 54 of the Competition Act “makes it an offence for a merchant to express two or more prices to a customer at the time of purchase and to charge the higher price.”
The decision also described WestJet’s arguments, but the court ultimately sided with Trotman, stating “I find that the plaintiff has met the requirements for certification set out in s. 4 of the (Class Proceedings Act). Accordingly, I certify this matter as a class proceeding.”
The court then said the parties shall set a case management conference to take place within 90 days.
Global News reached out to WetJet regarding the court decision, but the company declined comment, stating the matter is still before the courts.
