Quebec court certifies class action against Air Canada over delay classifications
A Quebec Superior Court certified a class action alleging Air Canada misclassified staffing-related delays as safety issues, potentially affecting passengers delayed three hours or more between 2019 and 2022.
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By Torontoer Staff
A class-action lawsuit against Air Canada has been certified by the Quebec Superior Court, potentially widening eligibility for APPR compensation for passengers who experienced extended delays that the suit says were misclassified as safety-related.
The certification, announced Jan. 13 by Slater Vecchio LLP, covers passengers on Air Canada, Air Canada Rouge, and Air Canada Express flights who arrived at their final destinations at least three hours late between Dec. 15, 2019 and Aug. 7, 2022, and whose delays are alleged to have been caused by staffing shortages.
What the lawsuit alleges
Counsel for the class argues that a number of delays caused by crew or staffing constraints were coded by the airline as safety-related or otherwise beyond its control. The suit says those classifications were improper, or were applied through a corporate policy, and that the true cause was within the carrier’s operational responsibility under Canada’s Air Passenger Protection Regulations, or APPR.
This decision is an important step to providing access to justice to these passengers, and the class action is a vehicle through which these class members may now seek access to justice.
Saro Turner, partner at Slater Vecchio LLP
What court certification means
Certification allows the lawsuit to proceed as a class action, which streamlines claims by grouping affected passengers instead of requiring individual lawsuits. Certification is procedural, it is not a finding of liability or wrongdoing. Air Canada emphasised that point in its response, saying the certification is preliminary and does not contain conclusions from a trial.
It does not contain conclusions of any wrongdoing. It is a preliminary authorization, which may lead to a trial. That said, we will defend ourselves vigorously if the case proceeds.
Air Canada, in an emailed statement
Regulatory background and prior oversight
Under the APPR, airlines must compensate passengers when delays of three hours or more are caused by factors within the carrier’s control and not related to safety. For large carriers, the prescribed amounts are $400 for arrivals three to six hours late, $700 for six to nine hours late, and $1,000 for nine or more hours late.
Air Canada said it aims to comply fully with APPR. The airline noted that the Canadian Transportation Agency investigated the specific practice of coding crew constraints as safety-related and found no systemic issues, and that no fines were levied.
Who may be eligible
You may be part of the class if you were a passenger on an Air Canada, Air Canada Rouge, or Air Canada Express flight that arrived at its final destination at least three hours late between Dec. 15, 2019 and Aug. 7, 2022, and the delay was caused by staffing issues or shortages rather than events outside the carrier’s control.
- Eligible carriers: Air Canada, Air Canada Rouge, Air Canada Express
- Eligibility window: flights arriving between Dec. 15, 2019 and Aug. 7, 2022
- Minimum delay: three hours at final destination
- Alleged cause: staffing shortages or crew constraints, not safety or external factors
How to join the class action
Slater Vecchio is collecting information from potentially affected passengers. If you believe you meet the eligibility criteria, provide your flight details and contact information through the law firm’s intake process. A representative will follow up to confirm whether you fall within the certified class and to explain next steps.
Joining a certified class action typically requires no immediate payment to the firm. If the class obtains compensation, legal fees are generally approved by the court and paid from any recovery, or allocated as the court directs.
Other litigation and what to expect next
The certification moves the case forward, but there are several stages before any compensation is awarded. Discovery, motions, and potentially a trial could follow. The airline has indicated it will defend the case if it proceeds. Separately, Air Canada faces another class action related to cancellations stemming from the 2025 strike, showing ongoing legal exposure for the carrier in recent years.
None of the allegations in the current suit have been proven in court. Passengers considering a claim should keep flight records, boarding passes, and any communications from the airline, including delay explanations, to support their submissions.
Practical takeaways for travellers
- Check your travel documents from flights between Dec. 15, 2019 and Aug. 7, 2022 for arrival times and any reasons provided for delays.
- If you were delayed three hours or more and the airline cited crew or staffing, consider submitting your details to Slater Vecchio for screening.
- Keep records of expenses or losses related to delays, including receipts, in case compensation covers additional damages.
The certification gives affected passengers a clearer route to seek compensation under APPR, but the outcome will depend on how the case proceeds through the courts.
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