519 672 2121
519 672 2121
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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

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 Canadian class action is continuing against: Air Canada, AC Cargo Limited Partnership, and British Airways PLC.

The certification motion was heard in November and December 2014. By reasons dated August 26, 2015, Justice Leitch certified the action as a class proceeding but stayed the action as against absent foreign claimants (Absent foreign claimants are persons who reside outside Canada, who entered into contracts for Airfreight Shipping Services outside Canada and who suffered any alleged losses outside Canada except those who expressly consent to the jurisdiction of the Ontario court).

To view a copy of the certification decision, please click here. To view a copy of the decision relating to absent foreign claimants, please click here.

The defendants sought leave to appeal the certification decision.  Their motion for leave to appeal was denied.  To view a copy of the reasons, please click here.

The Plaintiffs appealed the decision relating to Absent Foreign Claimants.  By reasons dated October 17, 2017, the Court of Appeal reversed the lower court decision.  Leave to appeal to the Supreme Court of Canada was denied.  To view a copy of the Court of Appeal reasons, please click here.

The parties are now in the discovery stage.  As part of the discovery process, the parties are required to produce relevant documents and have an opportunity to ask questions of each other's representatives.

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 Canadian class action is continuing against: Air Canada, AC Cargo Limited Partnership, and British Airways PLC.

The certification motion was heard in November and December 2014. By reasons dated August 26, 2015, Justice Leitch certified the action as a class proceeding but stayed the action as against absent foreign claimants (Absent foreign claimants are persons who reside outside Canada, who entered into contracts for Airfreight Shipping Services outside Canada and who suffered any alleged losses outside Canada except those who expressly consent to the jurisdiction of the Ontario court).

To view a copy of the certification decision, please click here. To view a copy of the decision relating to absent foreign claimants, please click here.

The defendants sought leave to appeal the certification decision.  Their motion for leave to appeal was denied.  To view a copy of the reasons, please click here.

The Plaintiffs appealed the decision relating to Absent Foreign Claimants.  By reasons dated October 17, 2017, the Court of Appeal reversed the lower court decision.  Leave to appeal to the Supreme Court of Canada was denied.  To view a copy of the Court of Appeal reasons, please click here.

The parties are now in the discovery stage.  As part of the discovery process, the parties are required to produce relevant documents and have an opportunity to ask questions of each other's representatives.

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