This class action has been certified, but there is no settlement and no claims process yet.
Air Canada Mobility Aids Class Action
Reviewed by Marty Mikhail, Barrister & Solicitor with Quinn Thiele Mineault Grodzki LLPLast verified How we verify
What this lawsuit alleges
The lawsuit alleges that Air Canada systemically failed to provide the assistance its own tariffs require for passengers who rely on mobility aids such as wheelchairs and walkers, including help boarding and getting off flights, safe transfers between mobility aids and seats, pre-boarding, and careful handling of mobility aids. It claims passengers were denied assistance, moved roughly or by untrained staff, denied pre-boarding, or had their mobility aids damaged, lost or delayed. In the alternative, the claim alleges Air Canada made false or misleading statements about these services and engaged in unfair practices under consumer protection laws in several provinces. These are allegations only, and nothing has been proved in court.
Who the class includes
The lawsuit proposes a class of all Canadian residents who use a mobility aid and travelled on a flight subject to Air Canada's international or domestic tariffs from January 2021 onwards. This would include flights operated by Air Canada Rouge and Jazz Aviation LP (Air Canada Express / Air Canada Jazz).
Do I need to do anything right now?
Generally, no. A claims process opens only once a class action is certified and a settlement is approved. Class members are usually included automatically unless they opt out at that stage.
Get notified if claims open
Leave your email and a short note goes out when something major happens in this case: the certification decision, a settlement, or the end of the proceeding, and a notice if a claims process ever opens. Nothing else.
What happens next
- Filed
- Certification
- Resolution
- Claims process
The court certified the case, meaning a judge decided it may proceed as a class action; certification does not decide whether the allegations are true. The case would next move toward further court steps, and possibly a trial or a settlement, and either could take years. There is no settlement and no claims process at this time, and it is uncertain whether one will ever open. Class members do not need to do anything right now.
Case background
This proposed class action is about the help Air Canada is said to owe passengers who rely on mobility aids such as wheelchairs and walkers. The lawsuit, filed in the Supreme Court of British Columbia, alleges that Air Canada systemically failed to provide the assistance its tariffs require, including helping passengers board and get off flights, moving them safely between their mobility aids and their seats, offering pre-boarding, and transporting mobility aids without damage or loss. The lead plaintiff, Rodney Hodgins, who has spastic cerebral palsy, claims he had to physically drag himself down an aisle after Air Canada staff did not help him off a flight in 2023. The claim alleges that Air Canada failed to develop the policies, training and oversight needed to meet these obligations and benefited financially from not meeting them. It also alleges, in the alternative, that Air Canada made false or misleading statements about these services and engaged in unfair practices contrary to consumer protection laws in several provinces. The lawsuit seeks damages and other remedies, including court orders about Air Canada's conduct. None of the allegations has been proved, and Air Canada has not been found liable.
The proceeding
The court filing behind this class action.
Rodney Hodgins v. Air Canada, Air Canada Rouge General Partner Inc., Chorus Aviation Inc., Jazz Aviation LP, Air Canada Rouge LP
CertifiedSupreme Court of British Columbia · S-240224
Filed
Filed by Camp Fiorante Matthews Mogerman LLP
Who filed the lawsuit
- Camp Fiorante Matthews Mogerman LLP
Common questions
Do I need to do anything right now?
No. There is no claims process and nothing to sign up for at this stage. If the case eventually leads to a settlement or judgment, a notice process would explain any steps class members could take.
Is there any money available to claim now?
No. The case has not been resolved, and no settlement has been reached. Money only becomes available if the case ends in an approved settlement or a judgment in the class's favour, which may never happen.
Who would the proposed class action cover?
The lawsuit proposes to cover all Canadian residents who use a mobility aid and travelled on a flight subject to Air Canada's international or domestic tariffs from January 2021 onwards. The exact class covered will be defined by the court.
What has to happen before a claims process could open?
A news report states the court has certified the case, meaning it may proceed as a class action. The case would still need to be resolved through a trial or a settlement approved by the court before any claims process could open, and that could take years.
How can I stay informed?
Court decisions and updates are typically shared through the class action law firms handling the case and through court notices. Checking back on this page or with the firms involved is the best way to follow developments.
Source documents
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This action has been certified, which makes it officially a class action, but there is no settlement and no claims can be filed. I'm following this proceeding and will add this case to the class action tracker if a claims process opens.