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 4:27 PM ET
Last Updated: May 7, 2012 6:52 PM ET
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 Toronto News Headlines
- Unknown remains found on Dellen Millard's farm
- Police searching the farm of Dellen Millard, the 27-year-old charged with first-degree murder after the remains of Ancaster, Ont., man Tim Bosma were discovered, have found other remains on the property, but it's unclear if they are human or animal. more »
- Man shot dead at barbecue near Ossington and Dundas
- A 67-year-old man has been charged with first-degree murder after allegedly shooting a man with a rifle at a family barbecue in downtown Toronto Sunday night. more »
- Rob Ford should resign if allegations true, councillors say
- Two councillors say that Toronto Mayor Rob Ford should resign from office if unproven allegations that he was caught on tape smoking crack cocaine turn out to be true. more »
- Canadian on EI shut out amid foreign worker influx
- A jobless Canadian IT professional who is collecting employment insurance is upset because he now suspects several recent jobs he applied for went to temporary foreign workers. more »
- York Regional Police revise assessment on abduction report
- A few hours after police reported an attempted abduction in York Region, they now say that it may not have occurred. more »
Must Watch
Top News Headlines
- Unknown remains found on Dellen Millard's farm
- Police searching the farm of Dellen Millard, the 27-year-old charged with first-degree murder after the remains of Ancaster, Ont., man Tim Bosma were discovered, have found other remains on the property, but it's unclear if they are human or animal. more »
- Canadian on EI shut out amid foreign worker influx
- A jobless Canadian IT professional who is collecting employment insurance is upset because he now suspects several recent jobs he applied for went to temporary foreign workers. more »
- Can the Senate fire a senator?
- An expert on parliamentary rules says the Senate has the power to turf a senator from the chamber, as long as a majority approves the expulsion, and as long as there is cause. more »
- Nahlah Ayed: Vote-wary Iranians mull Ahmadinejad's successor
- Iranians go to the polls in less than four weeks to choose a new president. The reform movement is still smarting from its bitter defeat four years ago, but the jockeying for power is no less intense, Nahlah Ayed reports. more »
- Unknown remains found on Dellen Millard's farm
- Missing Toronto woman's parents unfazed by Millard link
- Rob Ford should resign if allegations true, councillors say
- Man shot dead at barbecue near Ossington and Dundas
- Busy weekend for OPP at Wasaga Beach
- Canadian on EI shut out amid foreign worker influx
- Rare, $26,000 bottle of scotch stolen from Toronto shop
- Man dies after bike accident in Underpass Park
- Toronto Mayor Rob Ford denies crack cocaine allegations


Toronto traffic with Joan Chang