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B.C. Court rejects WestJet’s appeal of class-action certification about baggage fees

A WestJet Airlines Boeing 737 Max aircraft taxis to a gate after arriving at Vancouver International Airport in Richmond, B.C., Thursday, Jan. 21, 2021. The B.C. Court of Appeal has rejected WestJet's efforts to overturn the certification of a class-action lawsuit on baggage fees. THE CANADIAN PRESS/Darryl Dyck

The B.C. Court of Appeal has dismissed WestJet’s efforts to overturn the certification of a class-action lawsuit on baggage fees.

The Calgary-based airline is alleged to have, between September 2014 and March 2019, published two prices for checked bags, one that was free and then charged passengers another that was higher.

WestJet ultimately amended wording in its domestic tariff to remove that one checked bag will be free.

Read more: B.C. Court of Appeal rules against WestJet appeal to throw out proposed class-action lawsuit

The class action based in contract law, unjust enrichment, and a double-ticketing offence under the federal Competition Act was certified in January 2021.

WestJet Airlines Ltd. and WestJet Encore Ltd. challenged certification relating to the claim under the Competition Act, not certification of the class in general.

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In a ruling released Friday, Justice Robert Bauman wrote that the plaintiffs’ efforts are not “bound to fail” because the meaning behind the alleged offence has not been “substantially developed.”

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