Air Canada sued for $20M over jet plunge
Toronto law firm files suit on behalf of passengers on 2011 Toronto-Zurich flight
CBC News
Posted: May 7, 2012 2:27 PM MT
Last Updated: May 7, 2012 4:52 PM MT
A class action suit against Air Canada was filed in a Toronto court Monday. Some passengers are unhappy that a plunge by their plane was blamed on turbulence rather than pilot fatigue. (Eric Foss/CBC)
Related
Related Stories
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
A Toronto law firm has filed a $20-million class action lawsuit against Air Canada on behalf of the 95 passengers who suffered injuries after the plane they were on took a sudden plunge.
Air Canada originally told passengers that the plunge, on Flight AC878 between Toronto and Zurich in January 2011, was caused by unexpected turbulence.
But the Transportation Safety Board of Canada issued a report in April saying the terrifying episode happened when a co-pilot woke up and was confused enough to think the plane was about to collide with a U.S. military aircraft.
Darcy Merkur, a partner with the law firm Thomson, Rogers in Toronto, told the CBC that if some passengers were not wearing their seatbelts, it would be 'a minor, minor impact on their entitlement.' (Thomson, Rogers)Lawyer Darcy Merkur of the firm Thomson, Rogers, which filed the claim, says the passengers who have come forward "feel completely manipulated, completely lied to and they are pissed off; they want a corporation like Air Canada to be accountable for misleading them."
"We feel the suit was the right thing to do," says Ashlyn O'Mara who was on the flight, "there is a group of us."
In the class action suit filed in court Monday, Thomson, Rogers says that Air Canada covered up the cause of the incident.
The suit has not been certified as a class action suit and the allegations have not been proven in court.
The suit names O'Mara of Toronto as a claimant. She has told CBC News that she had her seatbelt fastened and was awake when the plane plunged in the middle of the night.
O'Mara told the CBC in an exclusive interview that part of the class action suit is about how passengers were treated by Air Canada.
"The company did not reach out to many of the passengers, including myself, to see if we were OK or to ask if there was anything they could do."
O'Mara also points out she is concerned about public safety and pilot fatigue. "It should be a wakeup call to everyone that something isn't right and that pilot fatigue is a serious problem that can affect anyone who flies."
If you have information on this story, please contact investigations@cbc.ca
With files from the CBC's Frederic Zalac and Mary SheppardShare Tools
Latest Calgary News Headlines
- Crews respond to Inglewood blaze
- Fire heavily damaged two homes in Inglewood Saturday afternoon near Eighth Street S.E. and MacDonald Avenue. more »
- Homeowner says he was swindled out of his own property
- A Calgary homeowner says he was swindled out of his own property by a realtor he thought was trying to help him. more »
- RCMP investigating after man dies in Gleichen
- RCMP are investigating the death of a 26-year-old man at his home in the town of Gleichen, near Calgary. more »
- Langevin Bridge will go green for Lyme awareness
- The Langevin Bridge will go green Saturday night for Lyme disease awareness. more »
Must Watch
Top News Headlines
- Rescue attempt over for New Brunswick fishermen
- The rescue attempt for two missing fishermen has been called off in New Brunswick, hours after one body was found. more »
- Spectator killed at Edmonton Jeep event
- A 20-year-old woman died Saturday during an event for Jeep enthusiasts held in a parking lot just west of downtown Edmonton. more »
- Astronaut Chris Hadfield adjusts to 'earthling' life
- Canada's space ambassador, Chris Hadfield, is still readapting to life on this planet after spending 146 days in zero gravity as commander of the International Space Station. For now, though, he's taking his homecoming one step at a time. more »
- Afghan legislators block law protecting women
- An Afghan legislator says conservative lawmakers have blocked approval of a law that aims to protect women's freedoms, saying parts of it violate Islamic principles. more »
- Danielle Smith asks RCMP to investigate Sandhu
- Evanston victims died by stabbing, police say
- Lock your doors, police warn
- Power outage cost ENMAX $20M
- Calgary fire ban lifted
- Chat replay: Your gardening questions answered
- Family angry after Calgary police chief defends shooting
- Alberta to open 6 new trade offices
- Fire destroys, damages 2 homes hours after ban lifted

