Lamoureux v. Office de la protection du consommateur


Summary

On December 4, 2020, an Application for authorization to institute a class action was filed at the Montreal courthouse against the Office de la protection du consommateur (OPC) and its president, who are responsible for administer the Compensation Fund for Customers of Travel Agents (FICAV).

The plaintiff’s position in this class action can be summarized as follows:

– Following the Covid-19 pandemic, air carriers have had to cancel the majority of their flights, as well as travel packages;
– Consumers were offered a credit instead of a refund complete and therefore had to file a complaint with the OPC;
– Despite a wait of more than eight months, the OPC is still in default to compensate these consumers from the FICAV;

The Application for authorization to institute a class action was filed in the name of Mr. Pierre Lamoureux by the law firms Perrier Avocats and Donati Maisonneuve.

Proposed Class

All individuals who have purchased one or more transportation services, one or more accommodation services, and/or one or more travel organizations from a travel agent licensed by the Office de la protection du consommateur that was subsequently cancelled due to the covid-19 pandemic and who were unable to obtain a reimbursement and who applied for reimbursement and/or compensation to the Compensation Fund for Customers of Travel Agents and who were not reimbursed or compensated by it.

Remedies sought for consumers

ORDER the defendants to pay from the Fund the plaintiff and members of the Group of the price paid for the purchase of one or more transportation services, accommodation services and/or travel organizations and/or compensate them for any claims in accordance with article 30.4 (b) of the Travel Agent Act;

CONDEMN personally the defendants to pay interest with legal interest rate and additional indemnity in accordance with article 1619 C.c.Q. since the tenth day after filing the claim for reimbursement and/or compensation submitted to the Fund;

ORDER that members’ claims for reimbursement of the amount paid and/or claim for compensation and interest on these sums are subject to individual recovery;

CONDEMN personally the defendants to pay $250 to the plaintiff and all members of the Group under trouble and inconvenience, with legal interest rate and the additional indemnity in accordance with article 1619 C.c.Q., from the tenth day after filing the claim form submitted to the Fund;


Registration

To register for this class action, we invite you to complete the Registration form.

Please review the Notice about registration forms.

For more information

Please contact:

Me Réjean Paul Forget by email at rpf@allianceconseil.pro or 514 336-2769 ext. 203

Me Christian Azzam by email at cazzam@donatimaisonneuve.ca or 514 499-7477