Class action launched after airlines give vouchers, not refunds for cancelled trips - CBC.ca | Canada News Media
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Class action launched after airlines give vouchers, not refunds for cancelled trips – CBC.ca

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A British Columbia woman is launching a class-action lawsuit against several major Canadian airlines and travel companies over their decision to issue credits and vouchers instead of refunds for flights and vacations cancelled due to the COVID-19 pandemic.

The legal action by Janet Donaldson, whose Vancouver-New York round trip on WestJet in April was cancelled, was filed last week in Federal Court against Swoop, WestJet, Air Canada, Air Transat and Sunwing. The suit has not been certified.

Sébastien Paquette, a Montreal lawyer representing passengers in the suit, said Donaldson paid by credit card and was “disappointed” when she could not get a refund, “which she was allowed to receive by law.”

“This is a consumer-protection class action seeking to enforce each passenger’s rights to a refund for monies paid for their air tickets, when they are not able to travel for reasons outside of the control of the passengers,” the statement of claim said.

It said companies should not be permitted to keep passengers’ money for an indefinite period of time, whether they want to travel in the future or not. The class action applies to an unknown number of passengers, but it’s estimated it could affect hundreds of thousands of people.

It includes anyone “residing anywhere in the world” who has not received a refund and who bought a ticket with one of the companies before March 11 for a trip scheduled between March 13 and whenever the federal government withdraw’s COVID-19 travel advisories.

Airlines defend vouchers

Airlines have slashed routes during the pandemic and cancelled many flights as the Canadian government urges people to avoid all non-essential travel outside the country. Many passengers have been frustrated at being offered travel vouchers instead of refunds.

Paquette said part of the claim is asking that the money paid for the cancelled tickets be placed with the court until the case is settled.

Westjet was among the companies named in the class-action lawsuit. (Daniel Slim/AFP/Getty Images)

“We want to secure the class members their money. At this point it literally is their money, so there’s no reason it should be kept in the airlines’ accounts,” Paquette said.

Air Canada and WestJet did not respond to requests for comment before publication and Swoop had no comment. Sunwing said the decision “to suspend all flights was made as a last resort, in response to the exceptional circumstances faced across the industry and around the world.”

In an email, Air Transat’s vice-president of human resources and corporate affairs, Christophe Hennebelle, said the situation “has placed an extraordinary burden on the industry, which puts its very existence into question.”

He said the company believes “that in such a force majeure situation, way beyond our span of control, we do not have to issue a full refund for travels that have not been completed.”

He called the 24-month credit voucher “an acceptable solution,” saying Italy, Belgium, France and the U.K. have passed legislation to “secure that solution.”

‘It’s the right thing to be done’

Paquette said the airlines are forcing people to fly at a later date, when they may not wish to travel and could face a “substantially different price.” He points out the companies are saving money on fuel and other operating expenses because of the cancelled flights.

The lawsuit is being welcomed by people like Halifax resident Katie Gillis, one of those denied a refund after Sunwing cancelled vacations she, her fiancé and 30 others planned in Mexico for her wedding. Collectively, they spent more than $57,000 on the trip.

Katie Gillis of Halifax was denied a refund after the trip she had planned to Mexico for her wedding was cancelled due to the COVID-19 pandemic. (Submitted by Katie Gillis)

“I’m super-pleased to hear that,” Gillis said of the lawsuit. “It’s the right thing to be done.” 

Class-action lawsuits can take years to wind their way through the courts unless the defendants agree to a settlement. Paquette said he can’t predict how the companies will respond, but lawyers are preparing in the event it goes to a trial.

“We feel that this is wrong and class members should definitely get their money back,” he said.

Those who were denied a refund during the specified period are automatically qualified as part of the class action and do not have to do anything at this point.

Paquette is urging people to keep their documentation, including ticket bookings, charges and emails, since it may be required in the future to prove a claim.

None of the allegations in the statement of claim have been proven in court.

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

The Canadian Press. All rights reserved.

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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