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This action relates to allegations that the defendants unlawfully conspired to fix prices of air cargo shipping services on shipments to/from Canada between January 2000 and September 2006. Surcharges are extra fees charged by airlines to their shipping customers above and beyond basic rates. Surcharges are typically priced by weight or volume, with the intent of defraying certain external costs of the carriers. This case relates to fuel and security surcharges.

The action is brought on behalf of persons who purchased air cargo shipping services direct from an airline or indirectly through a freight forwarder.

Developments

New Settlements

Settlements have been achieved with the following defendants, totaling $16 million:

  • British Airways PLC (CDN$9,000,000)
  • Air Canada (CDN$7,000,000)

A motion to approve the settlements will be heard jointly by video conference before the Ontario and British Columbia courts on May 21, 2021 at 11:00 a.m. PST / 2:00 p.m. EST. The settlement approval hearing in Quebec is scheduled for June 8, 2021 at 2:00 p.m. EST.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members.  At the approval hearings, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.  Please click here to view a copy of the Proposed Distribution Protocol.

Previous Settlements

Settlements have been achieved with the following defendants, totaling approximately $29.6 million:

  • Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines Ltd. (US$5,338,000; CDN$6,243,307.26)
  • Japan Airlines International Co. Ltd. (CDN$738,000)
  • Scandinavian Airlines System (CDN$300,000)
  • Qantas Airways Limited (CDN$237,000)
  • Cargolux Airline International (CDN$1,800,000)
  • Singapore Airlines Ltd and Singapore Airlines Cargo PTE Ltd. (CDN$1,050,000)
  • Société Air France, Koninklijke Luchtvaart Maatschappij N.V. dba KLM, Royal Dutch Airlines and Martinair Holland N.V. (CDN$6,500,000)
  • LAN Airlines S.A. and LAN Cargo S.A (CDN$700,000)
  • Polar Air Cargo LLC f/k/a Polar Air Cargo Inc. (CDN$425,000)
  • Asiana Airlines Inc. (CDN$1,500,000)
  • Korean Air Lines Co. Ltd. (CDN$4,100,000)
  • Cathay Pacific Airways Ltd. (CDN$6,000,000)

The settlements have been approved by the courts in Ontario, British Columbia and Quebec.

The deadline for applying for money from these settlements has passed.  The settlement funds have been distributed to approved claimants.

Contested Litigation

The action was certified as a class proceeding.  The litigation was well into the discovery process at the time of the British Airways and Air Canada settlements.  As part of the discovery process, the parties exchanged relevant documents and were preparing to examine each other’s representatives.

If the British Airways and Air Canada settlements are approved, they will resolve the class action in its entirety.

New Settlements

Settlements have been achieved with the following defendants, totaling $16 million:

  • British Airways PLC (CDN$9,000,000)
  • Air Canada (CDN$7,000,000)

A motion to approve the settlements will be heard jointly by video conference before the Ontario and British Columbia courts on May 21, 2021 at 11:00 a.m. PST / 2:00 p.m. EST. The settlement approval hearing in Quebec is scheduled for June 8, 2021 at 2:00 p.m. EST.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members.  At the approval hearings, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.  Please click here to view a copy of the Proposed Distribution Protocol.

Previous Settlements

Settlements have been achieved with the following defendants, totaling approximately $29.6 million:

  • Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines Ltd. (US$5,338,000; CDN$6,243,307.26)
  • Japan Airlines International Co. Ltd. (CDN$738,000)
  • Scandinavian Airlines System (CDN$300,000)
  • Qantas Airways Limited (CDN$237,000)
  • Cargolux Airline International (CDN$1,800,000)
  • Singapore Airlines Ltd and Singapore Airlines Cargo PTE Ltd. (CDN$1,050,000)
  • Société Air France, Koninklijke Luchtvaart Maatschappij N.V. dba KLM, Royal Dutch Airlines and Martinair Holland N.V. (CDN$6,500,000)
  • LAN Airlines S.A. and LAN Cargo S.A (CDN$700,000)
  • Polar Air Cargo LLC f/k/a Polar Air Cargo Inc. (CDN$425,000)
  • Asiana Airlines Inc. (CDN$1,500,000)
  • Korean Air Lines Co. Ltd. (CDN$4,100,000)
  • Cathay Pacific Airways Ltd. (CDN$6,000,000)

The settlements have been approved by the courts in Ontario, British Columbia and Quebec.

The deadline for applying for money from these settlements has passed.  The settlement funds have been distributed to approved claimants.

Contested Litigation

The action was certified as a class proceeding.  The litigation was well into the discovery process at the time of the British Airways and Air Canada settlements.  As part of the discovery process, the parties exchanged relevant documents and were preparing to examine each other’s representatives.

If the British Airways and Air Canada settlements are approved, they will resolve the class action in its entirety.

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