The BC Court of Appeal has rejected WestJet’s attempts to reverse the certification of a class action lawsuit over baggage fees.
The Calgary-based airline allegedly published two prices for booked suitcases between September 2014 and March 2019, one that was free and then passengers charged one that was higher.
WestJet has finally changed wording in its domestic tariff to remove that one booked suitcase will be free.
BC Court of Appeal rules against WestJet appeal to throw out proposed class action lawsuit
The class action based on contract law, unfair enrichment and a double ticket offense under the Federal Competition Act was certified in January 2021.
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WestJet Airlines Ltd. and WestJet Encore Ltd. disputed certification in relation to the claim under the Competition Act, not certification of the class in general.
In a ruling released Friday, Judge Robert Bauman wrote that the plaintiffs’ efforts were not “bound to fail” because the meaning behind the alleged offense was not “substantially developed.”
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