Airlines accused of collusion

Proposed class action targets baggage fees at Air Canada and WestJet

Air Canada and WestJet are facing a potential class action lawsuit after imposing checked-baggage fees only days apart.

The proposed class action alleges that the two airlines colluded to impose the fees and have unjustly enriched themselves in the process.

“I just thought it was so wrong, what the airline companies were doing,” said Lorne Hodel, lead plaintiff of the lawsuit.

The statement of claim, filed in the Court of Queen’s Bench for Saskatchewan, says WestJet announced a $25 baggage fee on Sept. 15, 2014, and Air Canada followed suit on Sept. 18.

The claim alleges it would have been “impossible” for Air Canada to be ready to implement the fees only days after WestJet, indicating collusion between the airlines.

Tony Merchant, the class action lawyer who filed the claim, said it was also suspicious that Air Canada announced the same fee structure as WestJet, with both adding a $25 fee for a first checked bag for economy passengers in Canada.

“A coincidence we believe a court will find is highly suspicious and not believably coincidental,” Merchant said.

Merchant said the airlines charged more, without providing extra services.

“What new did I get for the extra $25? Well I got nothing new for the $25. That’s known as unjust enrichment,” he said.

Air Canada and WestJet declined to comment because the matter is before the courts.

The proposed class action, which has yet to be certified, seeks to have baggage fees refunded, along with other damages.