On August 18, 2025, our firm filed an application for authorization to institute a class action against the Canadian Union of Public Employees ( CUPE ). This application seeks compensation for damages caused by Air Canada flight cancellations due to the 2025 flight attendant strike.
On August 16, 2025 at 12:58 a.m., CUPE launched a strike by its members, and at 1:30 a.m., Air Canada locked out. As a result, Air Canada is cancelling all flights as of August 16, 2025.
However, on August 17, 2025, the Canada Industrial Relations Board (hereinafter, ” CIRB “) ordered the return to work before 2:00 p.m., pursuant to section 107 of the Canada Labour Code. However, that same day, CUPE announced that it was challenging the CIRB’s order and illegally maintaining its strike.
Air Canada then says it is suspending its plans to resume air activities “after CUPE illegally ordered its members to defy the back-to-work directive.”
CUPE’s decision to continue its strike illegally has had the effect of prolonging and worsening the massive cancellations of Air Canada flights.
This decision also caused various harms to Class members, including:
The Class members would clearly not have suffered these damages if CUPE had complied with the CIRB’s order. CUPE is therefore required to compensate for the harm it caused to the plaintiff and the Class members through its own fault, by paying them compensatory damages;
In July 2025, the applicant booked a one-week vacation package to Cancun for himself, his spouse and their children, through Air Canada Vacations, including a round-trip flight on Air Canada Rouge, scheduled for August 18, 2025.
On August 13, 2025, CUPE issued a strike notice for Air Canada flight attendants. As a result, the applicant is in a situation of constant stress due to the risk of cancellation of his flight.
On August 16, 2025, following the CIRB’s order requiring him to return to work, the Applicant still has hope that his flight will not be cancelled.
On August 17, 2025, despite the CIRB’s order, CUPE announced that the illegal strike would continue.
It was not until 4:29 p.m. that the applicant finally received an email from Air Canada confirming the cancellation of his flight.
The cancellation of this vacation caused significant harm to the applicant and his family, who experienced a great deal of anxiety, disappointment and sadness as a result of the cancellation of their trip.
All natural or legal persons, in Quebec, who had a confirmed reservation with Air Canada or Air Canada Rouge for a flight scheduled since August 17, 2025 at 2 p.m., whose flight was cancelled.
Pending authorization by a Superior Court judge
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