A man rides a escalator wearing mandatory masks at Toronto’s Pearson International Airport for a “Healthy Airport” during the COVID-19 pandemic in Toronto, Tuesday, June 23, 2020. The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts. THE CANADIAN PRESS/Nathan Denette

A man rides a escalator wearing mandatory masks at Toronto’s Pearson International Airport for a “Healthy Airport” during the COVID-19 pandemic in Toronto, Tuesday, June 23, 2020. The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts. THE CANADIAN PRESS/Nathan Denette

Federal Court says class action on COVID-19 airfare refunds a matter for other courts

A proposed class action was launched against Air Canada, Air Transat, WestJet Airlines and its Swoop subsidiary

The Federal Court has punted consideration of airfare refunds, which customers say they are owed following hundreds of thousands of cancelled flights, to provincial courts.

Justice Michael Manson says in a decision today that a proposed class-action lawsuit seeking certification is outside the Federal Court’s jurisdiction, even though air travel is a federal area of responsibility.

Plaintiff Janet Donaldson launched a proposed class action against Air Canada, Air Transat, WestJet Airlines and its Swoop subsidiary after the COVID-19 pandemic struck in March and triggered a global travel industry collapse.

The British Columbia resident says WestJet cancelled her flight but initially gave her no reimbursement options, offering travel vouchers instead.

Manson’s ruling strikes her claim on jurisdictional grounds, but avoids weighing in on the merits of the refund issue itself.

A handful of proposed class-action suits are ongoing in provincial courts, including in B.C. and Quebec, as frustrated customers seek refunds for trips they paid for but never took.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: Vancouver Island in a January spike while B.C. cases decrease

Island’s top doc Dr. Stanwick breaks down the Island’s rising numbers

A downed power line has sparked a brush fire along Yellow Point Road south of Nanaimo. (Cole Schisler/Black Press)
Downed hydro line sparks brush fire in Yellow Point

North Oyster firefighters and B.C. Hydro on scene along Yellow Point Road

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Heavy flows of water pooled on Davis Road after a lead to a fire hydrant burst on Thursday Jan. 21. (Jim Tredwell photo)
Fire hydrant connection burst at Davis Road and Battie Drive

Crews worked well into the night on Thursday Jan. 21 to staunch the flow of water

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

A Cessna 170 airplane similar to the one pictured above is reported to be missing off the waters between Victoria and Washington State. Twitter photo/USCG
Canadian, American rescue crews searching for missing aircraft in waters near Victoria

The search is centered around the waters northeast of Port Angeles

The North Cowichan/Duncan RCMP have arrested a prolific offender who is now facing more than 40 charges. (Black Press file photo)
‘Priority offender’ arrested in Cowichan Valley faces more than 40 charges

Tyler Elrix, 37, had a history of evading police; was ordered not to be in Vancouver Island

Jonathon Muzychka and Dean Reber are wanted on Canada-wide warrants. (Courtesy of Victoria Police Department)
Convicted killer, robber at large after failing to return to facility: Victoria police

Dean Reber, 60, and Jonathon Muzychka, 43, may be together

B.C. Premier John Horgan listens during a postelection news conference in Vancouver on Sunday, Oct. 25, 2020. THE CANADIAN PRESS/Darryl Dyck
30% of B.C. recovery benefit applications held up in manual review

The province says 150 staff have been reassigned to help with manually reviewing applications

Adam Dergazarian, bottom center, pays his respect for Kobe Bryant and his daughter, Gianna, in front of a mural painted by artist Louie Sloe Palsino, Tuesday, Jan. 26, 2021, in Los Angeles. (AP Photo/Jae C. Hong)
Kobe Bryant’s presence remains strong a year after his death

Tuesday marks the grim anniversary of the crash that took their lives

Surrey RCMP are investigating after a pedestrian was struck and killed at 183 Street and Highway 10 Friday night. (File photo)
Modelling of predicted transmission growth from the B117 COVID-19 variant in British Columbia. (Simon Fraser University)
COVID-19 variant predicted to cause ‘unmanageable’ case spike in B.C: report

SFU researchers predict a doubling of COVID-19 cases every two weeks if the variant spreads

The Brucejack mine is 65 km north of Stewart in northwestern B.C. (Pretivm Photo)
B.C. mine executives see bright gleam in post-COVID future

Low carbon drives demand for copper, steelmaking coal

Most Read