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Passenger advocate urges stranded Sunwing passengers in Mexico to take legal action

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As hundreds of Canadians scramble to get home after their Sunwing flights from Mexico were cancelled last week, a passengers’ rights advocate says stranded travellers should consider legal action if they aren’t compensated by the airline.

Gabor Lukacs, president and founder of the Air Passenger Rights group, says passengers grappling with cancelled flights and inadequate information about when they might be rebooked should buy their own tickets home with a different carrier, and keep careful records and receipts of their expenses.

If Sunwing refuses to compensate them under the federal Air Passenger Protection Regulations, they should take the matter to small claims court, Lukacs said in an interview.

“We’re at a point in Canada where suing an airline is not simply about your own money, it’s about changing how they operate. It’s about behaviour modification,” he said. “And that’s where the government is derelict in its duties to the public.”

He said passengers should also phone their local member of Parliament and ask for better enforcement of passenger rights in Canada.

As of Sunday, hundreds of Canadian travellers were stuck in Cancun, Mexico after Sunwing cancelled their flights home. Some described being shuffled from hotel to hotel, sometimes arriving to find there were no rooms booked for them, while Sunwing officials offered inaccurate and incomplete information about when they might get home.

Sheldon de Souza said in an interview Monday that a similar situation is playing out in Puerto Vallarta on Mexico’s west coast. He said he flew there with his wife, three kids and three family friends on Dec. 14, with a flight home scheduled with Sunwing on Dec. 21.

That flight was cancelled, though only some passengers were told, he said. Several days of incomplete information and confusion from Sunwing followed, he said.

He and a group of fellow passengers were moved to different hotels and asked to check out each day and report back to the lobby every hour, in case there was news of a flight.

Sunwing officials at the hotel would say there was a flight coming up then, hours later, would say it had been cancelled, de Souza said. He said in the meantime, the flights wouldn’t show up on the airport’s daily schedules, leading de Souza to believe he was being misled.

He said he booked himself a spot on an Air Canada flight back to Calgary on Dec. 23, which cost him about $1,000. His wife, his children and their friends managed to get a Sunwing flight home on Boxing Day, but only because they started showing up at the airport to push for a spot, he said.

He said they had snagged seats on a Sunwing flight to Edmonton late on Christmas Day, even making it to the gate with boarding passes. But then officials said the crew were beyond their allowed maximum working hours and the plane was cancelled.

“It felt like Sunwing just abandoned us, they didn’t care,” de Souza said. “It’s not even that they made an effort, they forgot us.”

He said there were “several hundred” Canadians stranded in Puerto Vallarta when he left, and some are likely still there.

The federal Air Passenger Protection Regulations mandates airlines to pay up to $1,000 in compensation for cancellations or significant delays that stem from reasons within the carrier’s control when the notification comes 14 days or less before departure.

Lukacs said it’s unlikely Sunwing will voluntarily pay up. The Canadian Transportation Agency, which acts as the federal airline regulator, doesn’t do enough to hold airlines accountable, he said, so they don’t feel much pressure to obey the rules.

Federal legislation grants the agency’s enforcement officers the power to investigate companies and individuals it believes have broken the rules and to issue fines of up to $25,000.

The regulator’s website shows that in the past five years, just one carrier — WestJet, for 55 instances in late January — has been fined for not providing adequate compensation to passengers. The total penalty was $11,000.

Lukacs said the agency isn’t issuing enough fines. “The government is turning a blind eye to airlines’ misconduct,” he said.

Neither Sunwing nor the Canadian Transportation Agency responded immediately to a request for comment.

Sunwing said in an email Sunday that it cancelled the flights because of bad weather and that it was trying to get people home “in the coming days.”

“Our teams are working hard to re-accommodate customers by subservicing aircraft where possible, in addition to arranging alternate hotels and transfers for those with overnight delays,” the email said.

This report by The Canadian Press was first published Dec. 26, 2022.

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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)

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Dollarama keeping an eye on competitors as Loblaw launches new ultra-discount chain

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Dollarama Inc.’s food aisles may have expanded far beyond sweet treats or piles of gum by the checkout counter in recent years, but its chief executive maintains his company is “not in the grocery business,” even if it’s keeping an eye on the sector.

“It’s just one small part of our store,” Neil Rossy told analysts on a Wednesday call, where he was questioned about the company’s food merchandise and rivals playing in the same space.

“We will keep an eye on all retailers — like all retailers keep an eye on us — to make sure that we’re competitive and we understand what’s out there.”

Over the last decade and as consumers have more recently sought deals, Dollarama’s food merchandise has expanded to include bread and pantry staples like cereal, rice and pasta sold at prices on par or below supermarkets.

However, the competition in the discount segment of the market Dollarama operates in intensified recently when the country’s biggest grocery chain began piloting a new ultra-discount store.

The No Name stores being tested by Loblaw Cos. Ltd. in Windsor, St. Catharines and Brockville, Ont., are billed as 20 per cent cheaper than discount retail competitors including No Frills. The grocery giant is able to offer such cost savings by relying on a smaller store footprint, fewer chilled products and a hearty range of No Name merchandise.

Though Rossy brushed off notions that his company is a supermarket challenger, grocers aren’t off his radar.

“All retailers in Canada are realistic about the fact that everyone is everyone’s competition on any given item or category,” he said.

Rossy declined to reveal how much of the chain’s sales would overlap with Loblaw or the food category, arguing the vast variety of items Dollarama sells is its strength rather than its grocery products alone.

“What makes Dollarama Dollarama is a very wide assortment of different departments that somewhat represent the old five-and-dime local convenience store,” he said.

The breadth of Dollarama’s offerings helped carry the company to a second-quarter profit of $285.9 million, up from $245.8 million in the same quarter last year as its sales rose 7.4 per cent.

The retailer said Wednesday the profit amounted to $1.02 per diluted share for the 13-week period ended July 28, up from 86 cents per diluted share a year earlier.

The period the quarter covers includes the start of summer, when Rossy said the weather was “terrible.”

“The weather got slightly better towards the end of the summer and our sales certainly increased, but not enough to make up for the season’s horrible start,” he said.

Sales totalled $1.56 billion for the quarter, up from $1.46 billion in the same quarter last year.

Comparable store sales, a key metric for retailers, increased 4.7 per cent, while the average transaction was down2.2 per cent and traffic was up seven per cent, RBC analyst Irene Nattel pointed out.

She told investors in a note that the numbers reflect “solid demand as cautious consumers focus on core consumables and everyday essentials.”

Analysts have attributed such behaviour to interest rates that have been slow to drop and high prices of key consumer goods, which are weighing on household budgets.

To cope, many Canadians have spent more time seeking deals, trading down to more affordable brands and forgoing small luxuries they would treat themselves to in better economic times.

“When people feel squeezed, they tend to shy away from discretionary, focus on the basics,” Rossy said. “When people are feeling good about their wallet, they tend to be more lax about the basics and more willing to spend on discretionary.”

The current economic situation has drawn in not just the average Canadian looking to save a buck or two, but also wealthier consumers.

“When the entire economy is feeling slightly squeezed, we get more consumers who might not have to or want to shop at a Dollarama generally or who enjoy shopping at a Dollarama but have the luxury of not having to worry about the price in some other store that they happen to be standing in that has those goods,” Rossy said.

“Well, when times are tougher, they’ll consider the extra five minutes to go to the store next door.”

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:DOL)

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U.S. regulator fines TD Bank US$28M for faulty consumer reports

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TORONTO – The U.S. Consumer Financial Protection Bureau has ordered TD Bank Group to pay US$28 million for repeatedly sharing inaccurate, negative information about its customers to consumer reporting companies.

The agency says TD has to pay US$7.76 million in total to tens of thousands of victims of its illegal actions, along with a US$20 million civil penalty.

It says TD shared information that contained systemic errors about credit card and bank deposit accounts to consumer reporting companies, which can include credit reports as well as screening reports for tenants and employees and other background checks.

CFPB director Rohit Chopra says in a statement that TD threatened the consumer reports of customers with fraudulent information then “barely lifted a finger to fix it,” and that regulators will need to “focus major attention” on TD Bank to change its course.

TD says in a statement it self-identified these issues and proactively worked to improve its practices, and that it is committed to delivering on its responsibilities to its customers.

The bank also faces scrutiny in the U.S. over its anti-money laundering program where it expects to pay more than US$3 billion in monetary penalties to resolve.

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:TD)

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