This is the landing point for the class action that has been filed by Mandalena Lewis against WestJet Airlines Ltd. (“WestJet”).
Mandalena brings this action on behalf of herself and a proposed class of plaintiffs being all present female flight attendants at WestJet and all former flight attendants who worked at WestJet within the applicable class period.
The lawsuit alleges a systemic breach of contract by WestJet in failing to address sexual harassment and assault by pilots to the standards required by its policies and to instead attempt to suppress reporting, protect pilots, and silence victims.
The “Class” is defined as all current and former female flight attendants at WestJet Airlines Ltd. who have or had contracts of employment with WestJet during the Class Period. The “Class Period” is defined as April 2, 2014, to February 28, 2021.
A copy of the Amended Notice of Civil Claim is available here and the Certification Order is here.
For an outline of how class proceedings work, click here.
For updates on the lawsuit, please see the “news” column on the right.
Mandalena is being represented by Karey Brooks of the law firm JFK Law LLP. To contact counsel, to discuss whether you might be part of the class once certified or to seek more information, please contact Maria Baracaldo at JFK Law LLP at mbaracaldo@jfklaw.ca or 604-687-0549 ext. 117.
All inquiries are confidential.
News
- The Plaintiff brought an application requesting relevant documents that had not been disclosed by WestJet. Examples of the documents requested are documents related to exit interviews reporting complaints and discussing the core policies and anti-harassment program, records on investigations related to harassment and the individuals conducting them; settlements arising out of harassment or assault complaints; investigations related to harassment or sexual harassment complaints under the anti-harassment program among other document requests. The court found that the documents requested were relevant and should be produced by WestJet with the exception of documents related to settlements. Read the full decision here: Lewis v WestJet Airlines Ltd., 2024 BCSC 111.
- WestJet applied to. amend the class definition contained in the Certification Order to have the class period end on July 31, 2018 – the date when the Canadian Union of Public Employees (“CUPE”) was certified as the bargaining agent for all WestJet flight attendants. On November 6, 2023, the British Columbia Court of Appeal dismissed WestJet’s application and concluded that the class definition be amended to provide that the class period ends on February 28, 2021. Read the full decision here: Lewis v WestJet Airlines Ltd., 2023 BCSC 1921.
- On April 19, 2022, the British Columbia Court of Appeal certified a class action by Mandalena Lewis against WestJet Airlines, arguing breach of contract over a failed harassment prevention program. The court ruled in favor of the class, rejecting the notion that human rights complaints were a preferable alternative to advancing the issues. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2022 BCCA 145.
- On February 21, 2019, WestJet appealed the order dismissing its application to strike the notice of civil claim on the basis that the courts lack jurisdiction to hear the dispute which is within the jurisdiction of the Canadian Human Rights Tribunal. The BC Supreme Court dismissed the appeal on the basis that the contract of employment is a recognized source of legal rights grounding remedies for a breach in the courts. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2019 BCCA 63.
- WestJet attempted to have the claim dismissed, arguing that the claim should have been brought before the Canadian Human Rights Tribunal, that the remedy of “disgorgement” (paying over money that was earned or saved by breaching the contract) is not available, and that the entire claim is an abuse of process. WestJet also tried to argue that Ms. Lewis is too late in pursuing the claim and that her claim is therefore barred by the Limitation Act. On December 15, 2017, Justice Humphries Dismissed WestJet’s arguments and denied its application to strike the claim paving the way for the claim to be heard on its merits. Read the full decision here: Lewis v WestJet Airlines Ltd., 2017 BCSC 2327.
- Madam Justice Humphries of the BC Supreme Court has been assigned as the Judicial Management and Trial Judge in the above noted matter. The next step towards certification of this class action is the Judicial Management Conference (“JMC”), to be held before Madam Justice Humphries on November 22, 2016. At the JMC, the Judge will assist plaintiff and defence counsel in developing the timing for certain critical steps in the action, including setting the date of hearing of the certification application. It is anticipated that the judge will also discuss other steps in the litigation such as the discovery of documents and examination of witnesses, which will assist the parties in clarifying the issues and advancing the case.
- The Certification schedule can be viewed by clicking here.
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