AIR PASSENGERS

1.  The law firms of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP), Harrison Pensa LLP, Law Office of Andrew Morganti and Camp Fiorante Matthews Mogerman are counsel in several class actions commenced against various airlines alleging a conspiracy to fix, increase, maintain or stabilize the price for passenger airfares on flights between Canada and various Trans-Pacific and/or Trans-Atlantic destinations.

Trans-Pacific Action

2.  This action was commenced in Toronto, Ontario on July 31, 2009. It names the following airlines as defendants: Air Canada, Air New Zealand Limited, All Nippon Airways Co. Ltd., Asiana Airlines Inc., Cathay Pacific Airways Limited, Delta Air Lines Inc., Japan Airlines Corporation, Qantas Airways Limited, Singapore Airlines Limited and United Airlines.

3.  The action is brought on behalf of all persons who, during the period October 1, 2001 and August 1, 2007, paid air passenger fares which included surcharges for flights to or from Canada to Trans-Pacific destinations.

4.  The plaintiffs reached a settlement with the defendant Japan Airlines Limited (now Japan Airlines International Co., Ltd.) (“JAL”). The court certified the action as a class proceeding against JAL for settlement purposes only and provided for potential settlement class members to opt out or exclude themselves from the Trans-Pacific action. The date by which settlement class members could exclude themselves from the class action has passed.

5.  JAL did not admit liability but agreed to settle to avoid the cost and risk of a trial. JAL paid $350,000 CDN, plus $100,000 CDN for notice and agreed to provide co-operation to the plaintiffs in pursuing the action against the other defendant airlines.

6.  The court approved the settlement with JAL and approved payment of class counsel fees and disbursements from the settlement monies. The court ordered JAL settlement monies are being held in an interest bearing trust account to be used to prosecute the on-going action.

7.  You are a settlement class member if you paid for an air passenger ticket which included surcharges for flights between Canada and Trans-Pacific destinations in Asia or the South Pacific including Australia, China, Hong Kong, Japan, New Zealand, Singapore or South Korea between October 1, 2001 and August 1, 2007, unless you opted out of the class action.

8.  Prosecution of the Tans-Pacific action is continuing against the remaining defendant airlines.

Trans-Atlantic Action

9.  This action was commenced in Toronto, Ontario on July 31, 2009. It names the following airlines as defendants: Air Canada, British Airways plc, Delta Air Lines Inc., Deutsche Lufthansa AG, Koninklijke Luchtvaart Maatschappij NV, Societe Air France and UAL Corporation.

10. The action is brought on behalf of persons who, during the period August 1, 2004 to August 1, 2007, purchased an air passenger ticket which included surcharges for direct and one-stop Trans-Atlantic flights, the first segment of which originated in Canada.

11. Prosecution of the Trans-Atlantic action is proceeding against the defendants.

American Airlines Action

12. The standalone class action commenced against American Airlines Inc. was certified as a class action for settlement purposes on May 24, 2016.

13. On July 7, 2016, pursuant to the settlement, the Ontario Court dismissed the action against American Airlines Inc. The dismissal order may be viewed here.

14. American Airlines Inc. will continue to co-operate with class counsel in the prosecution of the Trans-Pacific and Trans-Atlantic actions against the alleged conspirators therein.

15. Please periodically monitor this website for updated information on these actions.

16. If you have any questions not answered on this website, please call Strosberg Sasso Sutts LLP at 1.800.223.5323, extension 296.

17. If you would like to know more about how a class action works, please click here.

IMPORTANT NOTICE

This website provides general information to class members and potential class members on class actions that have been commenced against certain Trans-Atlantic and Trans-Pacific airlines with respect to surcharges included in the price of passenger tickets. The court will ultimately decide who will be included as a class member.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

Any information collected about potential class members will assist counsel in prosecuting the class actions and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Strosberg Sasso Sutts LLP, Harrison Pensa LLP, Andrew Morganti or Camp Fiorante Matthews Mogerman.

This website is updated from time to time to provide class members with further information.

Andrew Morganti
  1. July 07, 2016          The action against American Airlines Inc. is dismissed.
  2. June 30, 2016         Last day to opt out of American Airlines Action
  3. May 24, 2016          Ontario Court certified the American Airlines Action

RELATED NEWS