Law Firm Looks to Build Class Action Against Canadian Carriers Over APPR Maintenance Exceptions

Rochon Genova, a Canadian class action and aviation law firm, says it is investigating Air Canada, WestJet and other airlines’ use of the safety-related maintenance exemptions under Canada’s Air Passenger Protection Regulations (“APPR”) to deny compensation to passengers whose flights have been delayed or cancelled.

Under the APPR, passengers whose arrival is delayed and/or cancelled by three hours or more are entitled to compensation of up to $1,000 where the disruption is within the airline’s control and not required for safety.

Rochon Genova is investigating reports of Air Canada, WestJet and other airlines informing passengers that their flights were delayed or cancelled because of safety-related maintenance issues, while flight records indicate that the aircraft originally scheduled to operate those flights were subsequently used by the airline on other routes.

The attempt to create a class action lawsuit follows a CBC investigation that revealed cases where the airline cited safety-related maintenance to deny compensation after reassigning functioning aircraft to other routes.

The CBC News ‘Go Public’ investigation identified four cases in which Air Canada cited safety-related maintenance to deny passenger compensation, despite flight records showing that the aircraft originally assigned to the affected flights were subsequently used on other routes. TMR Canada wrote about the issue here.

Rochon Genova says Canadian travellers are invited to contact Jon Sloan at (contact@rochongenova.com) if they meet three criteria:

• They experienced a flight delay or cancellation of three hours or more.
• They were advised that the disruption resulted from a safety-related maintenance issue.
• They have not received compensation from the airline or the Canadian Transportation Agency.