Westjet Travel Bank Credits
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On July 5, 2019, Hammerberg Lawyers, Matthew P Good Law Corporation, and Evolink Law Group filed a proposed class action in the Supreme Court of British Columbia. This proposed class action was filed against Westjet on behalf of Canadian residents (except residents of Alberta, Quebec, Yukon, Nunavut and the Northwest Territories) who, since June 28, 2015, had a WestJet Travel Bank credit issued to them in relation to an itinerary booked for primarily leisure purposes.
The lawsuit claims damages, interest, and punitive damages from Westjet for non-compliance with relevant Canadian Consumer Protection Legislation including Provincial Prepaid Card laws.
If the action is authorized by the Supreme Court of British Columbia to proceed as a class action, you may be automatically included as a class member. To receive updates on the progress of this lawsuit, please subscribe to our mailing list. Joining the mailing list does not create any financial obligation.
Please safely keep records of correspondence with Westjet, including confirmation of Westjet Travel Bank credits and usage thereof or related fees, relevant flight itineraries and changes, receipts for fees, credit card receipts, and/or any screenshots.
July 5, 2019: proposed national class action was filed in the Supreme Court of British Columbia. Please note that the proposed class action does not cover residents of Alberta, Quebec, Yukon, Nunavut and the Northwest Territories. Notice of Civil Claim
Am I part of this class action?
The class action is a proposed national class action (with the exception of residents of Alberta, Quebec, Yukon, Nunavut and the Northwest Territories). It covers applicable Canadian residents who, since June 28, 2015, had a WestJet Travel Bank credit issued to them in relation to an itinerary booked for primarily leisure purposes.
The main allegation in this class action is that Westjet Travel Bank credits should not have had expiry dates and/or fees imposed as these contravened Canadian Consumer Protection legislation (for more details please see the Notice of Civil Claim).
All class members should be included in the case once the case is certified, subject to determination by the Court. At this time, there is no action required to be part of this class action but we encourage you to sign up to our mailing list to receive updates. The certification hearing will be scheduled shortly.
Do I need to take any action to be part of this case now?
No action is required at this point. However, please keep records of correspondence with Westjet, including confirmation of Westjet Travel Bank credits and usage thereof or related fees, relevant flight itineraries and changes, receipts for fees, credit card receipts, and/or any screenshots. This information may be necessary after the certification of this class action.
Can I still commence an individual action (e.g. small claims case)?
This class action does not preclude you from pursuing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes. Evolink Law Group, Hammerberg Lawyers, and Matthew P Good Law Corporation cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.
Will class members be liable for Westjet’s legal fees if this class action does not succeed?
Class members are not liable for Westjet’s legal fees if this class action does not succeed.
What are we asking for in this class action against Westjet?
This class action is seeking to recover damages and/or compensation from Westjet for imposing expiry dates and/or fees in connection with Westjet Travel Bank credits in contravention of Canadian Consumer Protection legislation. In addition, this class action is seeking to recover interest and punitive damages. The amount of punitive damages will be decided by the Court at trial.