Use of airport improvement fees focus of Calgary class action lawsuit

A class action lawsuit being prepared by a Calgary firm claims the $30 airport improvement fee charged to most passengers at the Calgary International Airport is going to more than just improving the airport’s facilities.

“Our client has found out that four per cent of this fee is being paid to the airlines,” Jonathan Denis, partner at Guardian Law Group, told Danielle Smith Wednesday on 770 CHQR.

“The Calgary airport authority has misrepresented the use of these airport improvement fees by stating that they are for improvements when in fact they’re clearly being used for other items.”

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LISTEN: Jonathan Denis of Guardian Law Group joins Danielle Smith to discuss the pending class action lawsuit against the Calgary Airport Authority

When reached for comment, the Calgary Airport Authority said in an email it was “not in a position to respond” to the class action as it has not been served with the lawsuit.

According to the authority’s 2017 financial report, the airport collected more than $156 million in airport improvement fees that year.

Denis said the alleged payments to two airlines — Air Canada and WestJet — are not the only ways the airport improvement fees are not going to improve the Calgary airport.

“What’s also interesting is part of this fee is also being used to subsidize the Springbank Airport, which many passengers at the Calgary airport may not know,” Denis, who previously worked as Alberta justice minister, said.

At more than 16 million passengers in 2017 and 15.7 million the year before, the Calgary International Airport is the fourth-busiest airport in Canada, yet the $30 improvement fee is the highest in the nation.

Denis’ client claims the four per cent allegedly being sent to the pair of airlines — about $1.20 per fee collected — is coming directly from the improvement fee.

“It’s being forwarded directly from the airport improvement fee.

“We’re looking forward to further disclosure from the Calgary Airport Authority as to how this has happened, how long this has been going on, and how much is has been paid historically since they introduced the fee in 1997 to the airlines.”

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The class action suit has yet to be certified by the Court of Queen’s Bench, and none of the allegations have been proven in court.

“All we’re saying is that should be disclosed to the consumer. At the end of the day, if the Calgary Airport Authority isn’t interested in protecting the consumer, it’s up to the courts to do so.”