Case information

Civil procedure — Class actions — Motion to dismiss claims — Administrative law — Whether provincial law addressing fairness of contracts can be permitted to frustrate regulation by a federal agency in an area of exclusive federal competence — Whether consumer protection legislation and common law of unconscionability inapplicable in respect of the Canadian Transportation Agency’s regulation of fares charged for seating on international itineraries — Whether doctrine of unconscionability and consumer protection legislation can be used to avoid application of human rights legislation where claim is based on differential treatment on a ground protected by that legislation — Accessible Transportation for Persons with Disabilities Regulations, SOR/2019-244, s. 31(2).

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Gauthier and Mr. Reaume commenced actions against WestJet and Air Canada. They claim in part that, to accommodate disabilities, they are required to purchase extra seating on international flights for companions. Their proposed claim alleges the airlines’ contracts with customers are in contravention of provincial consumer protection legislation, unconscionable, void, and unenforceable at common law. They seek various forms of relief including damages for additional fees paid, a declaration of unjust enrichment by receipt of additional fares, rescission of any contract requiring additional fares, and injunctive relief. They applied to certify their actions as a class action. WestJet applied for an order striking the claim on the basis that the Canadian Transportation Agency has exclusive jurisdiction over the subject matter of the claim or the court should decline jurisdiction because the claim is bound to fail due to s. 31(2) of the Accessible Transportation for Persons with Disabilities Regulations, SOR/2019-244. The Supreme Court of British Columbia dismissed WestJet’s application. The Court of Appeal dismissed an appeal. It held that it is not plain and obvious that the British Columbia Supreme Court lacks subject matter jurisdiction.