Westjet Free Baggage Allowance
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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 all individuals anywhere in the world who paid a baggage fee for their first checked baggage on domestic flights between October 2014 to February 2018, and on international flights from January 2016 to March 2019.
The lawsuit claims damages, interest, and punitive damages from Westjet for charging the baggage fee contrary to the terms of Westjet’s own contract that allowed one free checked bag for each paying passenger.
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 the correspondence with Westjet, including confirmation emails, receipts for paying the baggage fee, credit card receipts, boarding passes, luggage tags, and/or any screenshots.
July 5, 2019: proposed international class action was filed in the Supreme Court of British Columbia. Notice of Civil Claim
Am I part of this class action?
The class action is a proposed international class action. It covers passengers anywhere in the world who paid a baggage fee for their first checked bag on international flights from January 2016 to March 2019 and on domestic flights from October 2014 to February 2018 (for precise dates please see the Notice of Civil Claim posted on our website).
The main allegation in this class action is that Westjet collected baggage fees for each first checked baggage contrary to the terms of Westjet’s own contract that fare-paying passengers received one free checked bag allowance.
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 any correspondence including confirmation emails for flight and baggage fee payment, credit card statements, credit card authorizations, credit card refunds, etc. 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 collecting baggage fees on domestic and international flights contrary to Westjet’s own contract that indicates that fare-paying passengers received one free checked bag allowance. 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.