Info class action
British Airways & Virgin Atlantic Airways
In May 2004, using the increases of oil prices as a pretext, British Airways and Virgin Atlantic Airways introduced a new component to their fare for the transport of passengers: the fuel surcharge. Despite its name, this surcharge is not a tax, nor a fee or charge imposed by a governmental body or third party. It is an amount collected by British Airways and by Virgin Atlantic Airways on top of the price of the plane ticket.
The two air carriers admitted having discussed on several occasions in order to set the level of the surcharge between August 2004 and February 2006, inclusively. Thus, because of the cartel, the price of the surcharge rose from approximately $6 in August 2004 to $60 in February 2006. This amounts to a near 1000 % increase in a period of a year and a half.
Option consommateurs believes that the cartel set up by the two air carriers had the effect to artificially inflate the price of the tickets bought by the members of the group. The class action aims mainly at obtaining the reimbursement of the part of the fuel surcharge that was unjustly paid by the members of the group.
As a result, Option consommateurs files in August 2007 a Motion for authorization to institute a class action. On December 12th 2011 the Superior Court grants the Motion for authorization to institute a class action against British Airways on behalf of Option consommateurs and members of the class described below. The hearing of the Motion for authorization to institute a class action against Virgin has been postponed to March 2012 following the signature of a term sheet between Virgin and Option consommateurs. This term sheet may lead to a transaction.
Are you part of the class?
You are part of the class in the context of the present case if you correspond to the following:
[Translation] "Any person who, from August 2004 to February 2006, bought in Quebec a plane ticket for a long-haul flight operated by one of the respondents or any person linked to them and where the origin or the final destination is located in Quebec.
However, any corporation, partnership or association is only part of the group if, at all times between August 3rd, 2006 ans August 3rd, 2007, it had under its direction or control not more than fifty (50) people bound to it by contract of employment, and provided that it is not related to the petitioner."
Option consommateurs is represented by the law firm Belleau Lapointe, LLP.
- Motion for authorization to institute a class action.
- Judgment on the Motions for declinatory exception. (in French only)
- Judgment on the Motions for leave to Appeal. (in French only)
- Judgment on the Motions to adduce evidence. (in French only)
- Judgment of Justice Daniel W. Payette, j.c.s., authorizing the Class Action against Britich Airwaiys. (in French only)
Chronology
December 2011
The Superior Court, presided by Justice Daniel W. Payette, authorizes the class action against British Airways.
December 2010
The Superior Court denies British Airways and Virgin Atlantic’s Motions to adduce evidence.
June 2010
The Court of Appeal denies British Airways and Virgin Atlantic’s Motions for leave to appeal.
January 2010
The Superior Court denies British Airways and Virgin Atlantic’s Motions for declinatory exception.
July 2009
Option consommateurs joins the class action as Petitioner.
August 2007
Filing of the Motion for authorization to institute a class action.