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Hammerco’s Class Action team has successfully defended yet another challenge, with the B.C. Court of Appeal dismissing WestJet’s efforts to overturn the certification of our class action on baggage fees.

WestJet is alleged to have published two prices for checked bags, one that was free and another that was higher, and then charged passengers for the higher fee between September 2014 and March 2019. Our class action is seeking to recover the fees collected by WestJet for the first checked baggage during this period. 

WestJet ultimately amended wording in its domestic tariff to remove the mention that one checked bag would be free. 

WestJet Airlines Ltd. and WestJet Encore Ltd. challenged certification relating to the claim under the Competition Act, not certification of the class action in general.

In a ruling released Friday, Chief Justice Bauman wrote that the plaintiffs’ efforts are not “bound to fail” because the meaning behind the alleged offence has not been “substantially developed.”

Class actions lawsuits are about righting wrongs and holding big business accountable. They send a message that corporations cannot profit by taking advantage of ordinary people. 

To read the full judgement, head over here. 

Read more about the WestJet baggage fee class action here. 

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