Three class action lawsuits are pending against Aeroplan regarding fuel/carrier surcharges and certain service and airport fees applied to airline awards.

Class Actions against Aeroplan in Quebec

Aeroplan has just announced that it is the target of 3 class actions in which Quebec consumers, members of the program, are automatically registered (unless they choose, within 60 days, not to take part).

Class Action Against Fuel Surcharge Fees

The first class action is related to fuel surcharge fees.

Who is eligible?

The following persons are eligible for election:

• who are domiciled and reside in Quebec
• who were charged fuel surcharges when redeeming Aeroplan Miles
• for a flight within Canada OR to the United States
• on Air Canada, Air Canada Rouge, Air Canada Express
• since December 15, 2011

This includes the vast majority of flights in North America (excluding those on United).

The issues of fact or law to be addressed by the class action

• Were the fuel surcharge fees charged by the Defendants to Class Members unlawful and contrary to the terms and conditions of the Aeroplan program?
• If so, are class members entitled to a full refund of the fuel surcharge, in addition to any applicable taxes they may have paid?
• Are class members entitled to punitive damages under the Consumer Protection Act?
• If so, what is the amount of punitive damages each class member should receive?

The conclusions sought by the collective action

1. GRANT Plaintiff’s class action on behalf of each member of the class she represents;
2. ORDER the Defendants, jointly and severally, to reimburse all fuel surcharge costs paid by Class Members, plus applicable taxes, together with interest and additional statutory compensation since service of the Motion for Class Certification;
3. ORDER the defendants, jointly and severally, to pay punitive damages in the amount of $100 to each member of the group, the whole with interest and the additional indemnity provided for by law since the service of the request for authorization to institute a class action;
4. ORDER collective recovery of the Class Members’ claim;
5. ALL, together with legal costs against the Defendants, including expert and opinion costs.

Information

All class members are encouraged to contact the class counsel identified below for more information about the class action and to find out their rights.

Communications are confidential and free of charge:

Savonitto & Ass. Inc.
Me Michel Savonitto and Me Carl Consigny, lawyers for the plaintiffs
468 Saint John Street, suite 400
Montreal, Quebec H2Y 2S1
Telephone: 514-843-3125
Fax. : 514-843-8344
Email: aeroplan@savonitto.com
Website: http: //savonitto.com

Class Action against Airport Improvement Fees

The second class action is related to airport improvement fees.

Who is eligible?

Persons are eligible for election who:

• are domiciled and reside in Quebec
• have redeemed Aeroplan Miles since December 15, 2011
• had to pay airport improvement fees imposed by the following airport operators:
  • Prince George, BC
  • Vancouver, BC
  • Victoria, BC
  • Calgary, AL
  • Edmonton, AL
  • Regina, SA
  • Saskatoon, SA
  • Winnipeg, MA
  • London, ON
  • Ottawa, ON
  • Toronto, ON
  • Montreal, Dorval, QC
  • Quebec, PQ
  • Fredericton, NB
  • Moncton, NB
  • Saint John, NB
  • Halifax, NS
  • Charlottetown, PEI
  • Gander, TN
  • St. St. John’s, TN

The issues of fact or law to be addressed by the class action

• Were the airport improvement fees charged by the Defendants to Class Members unlawful and contrary to the terms and conditions of the Aeroplan program?
• If so, are class members entitled to a full refund of the airport improvement fee, in addition to any applicable taxes they may have paid?
• Are class members entitled to punitive damages under the Consumer Protection Act?
• If so, what is the amount of punitive damages each class member should receive?

The conclusions sought by the collective action

1. GRANT Plaintiff’s class action on behalf of each member of the class she represents;
2. ORDER the Defendants, jointly and severally, to reimburse the full amount of airport improvement fees paid by Class Members, plus applicable taxes, all together with interest and additional statutory compensation since service of the Motion for Class Action Certification;
3. ORDER the defendants, jointly and severally, to pay punitive damages in the amount of $100 to each member of the group, the whole with interest and the additional indemnity provided for by law since the service of the request for authorization to institute a class action;
4. ORDER collective recovery of the Class Members’ claim;
5. ALL, together with legal costs against the Defendants, including expert and opinion costs.

Information

All class members are encouraged to contact the class counsel identified below for more information about the class action and to find out their rights.

Communications are confidential and free of charge:

Savonitto & Ass. Inc.
Me Michel Savonitto and Me Carl Consigny, lawyers for the plaintiffs
468 Saint John Street, suite 400
Montreal, Quebec H2Y 2S1
Telephone: 514-843-3125
Fax. : 514-843-8344
Email: aeroplan@savonitto.com
Website: http: //savonitto.com

Class action against service fees

The third class action is related to passenger service charges.

Who is eligible?

The following persons are eligible for election:

• who were charged passenger service fees when redeeming Aeroplan Miles
• for a flight operated by Air Canada
• for departures or transfers from the following airports:
  • Heathrow Airport in London, England;
  • Charles de Gaulle airport in Paris, France;
  • Lyon Airport, France;
  • Frankfurt Airport, Germany;
  • Munich Airport, Germany;
  • Copenhagen Airport, Denmark;
  • Narita airport in Tokyo, Japan;
  • Haneda Airport in Tokyo, Japan.
• since June 09, 2012

The issues of fact or law to be addressed by the class action

• Were the passenger service fees charged by the Defendants to Class Members unlawful and contrary to the terms and conditions of the Aeroplan program?
• If so, are class members entitled to a full refund of the passenger service charge, in addition to any applicable taxes they may have paid?
• Are class members entitled to punitive damages under the Consumer Protection Act?
• If so, what is the amount of punitive damages each class member should receive?

The conclusions sought by the collective action

1. WELCOME the plaintiff’s class action on behalf of each member of the class he or she represents;
2. ORDER the Defendants, jointly and severally, to reimburse all passenger service charges paid by Class Members, plus applicable taxes, together with interest and additional statutory damages since service of the Motion for Class Action Certification;
3. ORDER the defendants, jointly and severally, to pay punitive damages in the amount of $100 to each member of the group, the whole with interest and the additional indemnity provided for by law since the service of the request for authorization to institute a class action;
4. ORDER collective recovery of the Class Members’ claim;
5. ALL, together with legal costs against the Defendants, including expert and opinion costs.

Information

All class members are encouraged to contact the class counsel identified below for more information about the class action and to find out their rights.

Communications are confidential and free of charge:

Savonitto & Ass. Inc.
Me Michel Savonitto and Me Carl Consigny, lawyers for the plaintiffs
468 Saint John Street, suite 400
Montreal, Quebec H2Y 2S1
Telephone: 514-843-3125
Fax. : 514-843-8344
Email: aeroplan@savonitto.com
Website: http: //savonitto.com

Bottom Line

It’s a thunderclap in the world of points & miles. The infamous surcharges imposed by Air Canada for Aeroplan rewards have always been highly contested by Aeroplan members.

We helped you deal with them for overseas flights – thanks to the many airlines that don’t charge carrier surcharges – but for flights within North America, it was hard to avoid them(unless you flew United when available).

Let’s hope this doesn’t give Air Canada ideas to change its rules for Quebec members of its program as part of the development of its future program that is supposed to replace Aeroplan at the end of June 2020!

Aimia had included this information in its 2018 year-end financial statements:

Upon closing of the sale of the Aeroplan program and related assets on January 10, 2019 (Note 29), Aimia will assume 50% of the liability and costs, if any, related to these class actions against Aimia Canada, up to a maximum of $25 million, after which Air Canada will be held solely responsible.

It will therefore be up to Air Canada to assume the eventual costs generated by these collective actions… which will probably not be beneficial in the end for… Aeroplan members or its future loyalty program.