Why are Air Canada, Air Transat, WestJet & Sunwing talking about this class action?

Since July 3, Air Canada, Air Transat, WestJet and Sunwing Vacations have been posting notices on their websites and social media channels regarding a Quebec class action lawsuit involving airline tickets and vacation packages that were cancelled during the COVID-19 pandemic.

However, this is not a new class action. The lawsuit was authorized by the Quebec Court of Appeal on June 5, 2024.

The court has not yet ruled on whether the claims are valid, the allegations made in the class action have not yet been proven, and the defendants deny the allegations while contesting the lawsuit.

A new stage in the proceedings

The notices published since July 3 marks a new step in the legal process. It officially informs class members of their rights, including the option to opt out of the class action by 4:30 p.m. on August 1, 2026.

Individuals who meet the class definition do not need to take any action to be included in the lawsuit. They are automatically members of the class unless they expressly request to withdraw.

According to Daniel Guay, a lawyer specializing in travel law, the publication of the notice stems from Section 579 of Quebec's Code of Civil Procedure, which requires that notice be published or delivered to class members once a class action has been authorized.

"In the old days, notices were mainly published in major newspapers. Today, they are primarily distributed through social media, the internet and, increasingly, on the defendants' websites," said Guay in a statement, written in French, to PAX.

Guay added that requiring notices to appear on defendants' websites is often the subject of legal debate.

"Defendants often refuse to comply. However, courts are increasingly recognizing these website postings as an appropriate and cost-effective way to provide the notices required under Section 579 of the Code of Civil Procedure."

The detailed notice also states that "the publication of this notice was ordered by the court."

The issues

In his 2024–25 review of significant travel law decisions, Guay noted that the class action raises several key questions, including whether airlines and tour operators were entitled to refuse refunds and instead issue travel credits when flights or vacation packages were cancelled because of the pandemic.

The court will also have to determine:

• Whether consumers were entitled to full refunds.
• Whether accepting a travel credit prevented consumers from later seeking a refund.
• Whether class members may claim additional compensation, including interest, $250 for inconvenience and disruption, and $250 in punitive damages.

These remedies are being sought by the plaintiffs, but the court has not yet considered the merits of those claims.

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