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    Mc Mullen v. Air Canada

    Aveos and Air Canada ex-employees

    Class action against Air Canada in Superior Court:

    This class action seeks to compensate former employees of Air Canada and Aveos for Air Canada’s failure to maintain overhaul and maintenance centers in Montreal, Winnipeg and Mississauga following Aveos’ closure in march 2012.

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    In a judgment rendered on November 10, 2022, the Honourable Marie-Christine Hivon partially agreed with the plaintiff, Mr. Gilbert McMullen. She recognized that Air Canada had contravened the Air Canada Public Participation Act by not maintaining the overhaul and maintenance centers. However, she did not hold Air Canada responsible for the closure of Aveos. This determination has an impact on the damages that can be recognized as having been caused by Air Canada’s fault. The judgment orders Air Canada to pay the ex-employees compensation for pecuniary (loss of income and loss of pension fund) and non-pecuniary (stress, anxiety, frustration, loss of self-esteem, insomnia, divorce, suicide attempts, etc.) damages suffered during the non-prescribed period of the action, i.e. from April 5, 2013 to June 22, 2016.

    Air Canada appealed the November 10, 2022 judgment. The Court of Appeal, however, ordered that the Superior Court first rule on how the members should pursue their potential claims before the appeal proceedings are continued.

    On April 7, 2023, the plaintiff and Air Canada each filed a proposal regarding the claims process. A debate was held on January 11 and 12, 2024, to determine the terms of the claims process. Justice Hivon took the matter under advisement and we are thus waiting for her judgement.

    The Court of Appeal will only consider the matter after that. The appeal will therefore concern the judgment of November 10, 2022, but also possibly the terms of the claims process.

    Conditions to be part of this class action

    You are a member of this class action if you fit into one of these 2 categories:

    – You are an ex-employee, unionized or not, of Air Canada’s overhaul and maintenance center in Montreal, Mississauga or Winnipeg and you were negatively impacted by Aveos’ closure

    – You are the spouse, common law partner, heir or beneficiary of one of those ex-employees

    What was alleged against Air Canada?

    The class action alleged that Air Canada violated the Air Canada Public Participation Act under which it had the obligation to maintain overhaul and maintenance centers in Montreal, Mississauga and Winnipeg. Both the Quebec Superior Court and the Quebec Court of Appeal recognized that Air Canada had contravened the law. Those judgments were declaratory and no compensation was sought for ex-employees who were negatively impacted


    Class proceeding against Aveos’ former directors in Federal Court:

    By their application for judicial review, Aveos’ former directors contest the decision of Arbitrator Pierre Flageole rendered on June 7, 2018 which confirmed that they are responsible for compensating some former employees for unpaid wages and other benefits.

    The Federal Court approved the settlement agreement reached between all parties and the compensations have been paid to class members. The claims period is over and you cannot claim a compensation under this class action anymore.

    The members are represented by TJL in collaboration with Jean-François Bertrand Avocats.

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