Price Fixing of Passenger Surcharges on Trans-Pacific Flights

Riediger v. Air Canada, et al.

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

UPDATE:
See the attached court-approved notice respecting an agreement reached with American Airlines (“AA”) in the Trans-Atlantic and Trans-Pacific air passenger surcharge class actions. AA was named in a stand-alone Notice of Action in 2009. AA entered into a tolling agreement with the plaintiffs which included the requirement to provide documents in order to assist with the investigation of the alleged Trans-Atlantic and Trans-Pacific Air Passenger conspiracies. The tolling agreement was approved by the court and AA provided the required documents. AA has now satisfied its obligations in full and it has also agreed to provide limited continuing co-operation in exchange for a full release. AA denies any liability and it has not been implicated in any investigations or named as a defendant in any other action concerning Trans-Pacific or Trans-Atlantic air passenger surcharges.

 

Summary of the Proceedings

On July 31, 2009 a Statement of Claim was issued against the following Defendants:

  1. Air Canada
  2. Air New Zealand Limited
  3. All Nippon Airways Co., Ltd.
  4. Asiana Airlines, Inc.
  5. Cathay Pacific Airways Limited
  6. Delta Air Lines, Inc.
  7. Japan Airlines Corporation
  8. Qantas Airways Limited
  9. Singapore Airlines Limited
  10. United Airlines

On December 10, 2010, the Plaintiffs entered into a settlement agreement with Japan Airlines Corporation.

On June 28, 2013, the Plaintiffs filed an Amended Statement of Claim, and on July 12, 2013, they filed their Certification Record. The Plaintiff Ms. Riediger seeks to represent a class of:

All persons in Canada, other than Excluded Persons, who during the Class Period purchased Passenger Services from the Defendants and their Co-Conspirators for direct, one-stop and connecting Trans-Pacific Destination long-haul flights, the first segment of which originated in Canada, or such other definition approved by the court.

The proposed Class Period is May 1, 2004 to August 1, 2007.

The Plaintiffs allege that the Defendants engaged in a conspiracy to enhance unreasonably the price of passenger services by the adoption and adjustment of surcharges on top of the cost of base fares for flights to and from Canada and various trans-pacific destinations operated by the Defendants.

The Plaintiffs seek general damages for conspiracy, intentional interference with economic relations, and conduct which is contrary to Part VI of the Competition Act; an accounting, restitution, disgorgement and the creation of a constructive trust for unjust enrichment, waiver of tort and the taking of inequitable profit by unlawful conduct; and punitive and exemplary damages.

Harrison Pensa LLP is working in concert with Sutts, Strosberg LLP and Camp Fiorante Matthews Mogerman in the prosecution of this matter.

Status of the Proceedings

This matter has been filed in Toronto, Ontario.  The Plaintiffs are in the process of scheduling the certification motion. 

Further updates respecting the progress of this matter will be posted on this website as they occur.

Court Documents

Class Members

Inquiries should be directed to Anni Barry at 1-800-263-0489 ext. 759  or by email to