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Am I part of this Class Action?

This class action is brought on by the plaintiff on her own behalf and on behalf of all individuals residing anywhere in the world who travelled on a fare-paying itinerary on a WestJet-operated flight and paid a fee for their first checked bag during the following periods:

a) for Canada domestic flights, tickets issued on or after September 15, 2014 for travel on or after October 29, 2014 to February 22, 2018; and

b) for USA and International flights, travel on or after January 17, 2016 to March 20, 2019.

All class members are automatically included in the case.

THIS IS NOT A COURT-APPROVED NOTICE. IT IS INTENDED FOR INFORMATION ONLY. COURT-APPROVED NOTICE WILL FOLLOW AT A LATER DATE.

Do I need to take any action to be part of this case now?

No action is required at this point. However, please keep all your records including: receipt for payment of the baggage fee and the corresponding flight itinerary.

You may also subscribe to our mailing list for updates on the next steps.

Can I still commence an individual action?

Unless you opt-out within the timeframe ordered by the Court, you will be bound by the judgment from this class action. As such, you may not be able to commence a small claims case on your own. Hammerco Lawyers LLP cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.

Will class members be liable for the defendants’ legal fees?

No, class members are not liable for the defendants’ legal fees if this action does not succeed.

When will I hear further information about this class action

The certification motion hearing for this class action was heard in British Columbia in November 2020. The BC Supreme Court certified this action on January 6, 2021.

We will notify those that have signed up to our Mailing List on the next steps and when they expect an official court-approved notice of certification.

What are we asking for in this class action?

Agains the defendants, the class action is seeking to recover the fees collected by Westjet for the first-checked baggage during the class period. The class action also seeks punitive damages from Westjet for their conduct.

Class Action Team

Kevin McLaren

Partner See Full Profile »

Alexia Majidi

Partner See Full Profile »

Mikis Manolis

Counsel See Full Profile »

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