MONTREAL -- The Quebec Superior Court has granted authorization to launch a class-action lawsuit challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points accumulated in its loyalty program.
The motion, obtained by Montreal lawyer Owen Falquero of Merchant Law Group LLP, was filed on behalf of about seven plaintiffs across Canada. But the number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people.
The motion was filed formally on behalf of Noella Neale of Port Coquitlam, B.C., a single mother whose 150, 000 points were annulled by Aeroplan because she hadn't made a contribution or a redemption in her account for one year, a period during which she had fallen ill.
Those points fell victim to Aeroplan's rules, instituted in October of 2006, under which the company erases points in an account dormant for 12 months.
In a telephone interview, Neale said she was going to pay for her daughter's trip to New Zealand -- her graduation gift -- until she tried to pay from her account and saw that it had been emptied.
Aeroplan spokeswoman JoAnne Hayes declined to comment on the issue because it is now before the courts.
In a statement, Aeroplan noted that "no class action has yet been filed. This motion is the first procedural step before any such action can be instituted."
The company noted that "petitioners (are) seek(ing) court permission to sue Aeroplan on behalf of program members in Canada to obtain reinstatement of expired miles, reimbursement of any amounts already expended by Aeroplan members to reinstate their expired miles, $50 in compensatory damages and an undetermined amount in exemplary damages on behalf of each class member, all in relation to changes made to the Aeroplan program concerning accumulation and expiry of Aeroplan Miles as announced Oct. 16th, 2006."
But Aeroplan stressed that it "is of the view that there are good grounds for opposing the motion for authorization and will vigorously defend any class action, should one be authorized by the court."
Neale said: "I felt like they stole from me."
"If the bank took my money like that, it would be theft. I earned those points. They belong to me, and (Aeroplan) has no right to take them away from me."
-- Canwest News Service
MONTREAL -- The Quebec Superior Court has granted authorization to launch a class-action lawsuit challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points accumulated in its loyalty program.
The motion, obtained by Montreal lawyer Owen Falquero of Merchant Law Group LLP, was filed on behalf of about seven plaintiffs across Canada. But the number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people.
The motion was filed formally on behalf of Noella Neale of Port Coquitlam, B.C., a single mother whose 150, 000 points were annulled by Aeroplan because she hadn't made a contribution or a redemption in her account for one year, a period during which she had fallen ill.
Those points fell victim to Aeroplan's rules, instituted in October of 2006, under which the company erases points in an account dormant for 12 months.
In a telephone interview, Neale said she was going to pay for her daughter's trip to New Zealand -- her graduation gift -- until she tried to pay from her account and saw that it had been emptied.
Aeroplan spokeswoman JoAnne Hayes declined to comment on the issue because it is now before the courts.
In a statement, Aeroplan noted that "no class action has yet been filed. This motion is the first procedural step before any such action can be instituted."
The company noted that "petitioners (are) seek(ing) court permission to sue Aeroplan on behalf of program members in Canada to obtain reinstatement of expired miles, reimbursement of any amounts already expended by Aeroplan members to reinstate their expired miles, $50 in compensatory damages and an undetermined amount in exemplary damages on behalf of each class member, all in relation to changes made to the Aeroplan program concerning accumulation and expiry of Aeroplan Miles as announced Oct. 16th, 2006."
But Aeroplan stressed that it "is of the view that there are good grounds for opposing the motion for authorization and will vigorously defend any class action, should one be authorized by the court."
Neale said: "I felt like they stole from me."
"If the bank took my money like that, it would be theft. I earned those points. They belong to me, and (Aeroplan) has no right to take them away from me."
-- Canwest News Service
MONTREAL -- The Quebec Superior Court has granted authorization to launch a class-action lawsuit challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points accumulated in its loyalty program.
The motion, obtained by Montreal lawyer Owen Falquero of Merchant Law Group LLP, was filed on behalf of about seven plaintiffs across Canada. But the number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people.
The motion was filed formally on behalf of Noella Neale of Port Coquitlam, B.C., a single mother whose 150, 000 points were annulled by Aeroplan because she hadn't made a contribution or a redemption in her account for one year, a period during which she had fallen ill.
Those points fell victim to Aeroplan's rules, instituted in October of 2006, under which the company erases points in an account dormant for 12 months.
In a telephone interview, Neale said she was going to pay for her daughter's trip to New Zealand -- her graduation gift -- until she tried to pay from her account and saw that it had been emptied.
Aeroplan spokeswoman JoAnne Hayes declined to comment on the issue because it is now before the courts.
In a statement, Aeroplan noted that "no class action has yet been filed. This motion is the first procedural step before any such action can be instituted."
The company noted that "petitioners (are) seek(ing) court permission to sue Aeroplan on behalf of program members in Canada to obtain reinstatement of expired miles, reimbursement of any amounts already expended by Aeroplan members to reinstate their expired miles, $50 in compensatory damages and an undetermined amount in exemplary damages on behalf of each class member, all in relation to changes made to the Aeroplan program concerning accumulation and expiry of Aeroplan Miles as announced Oct. 16th, 2006."
But Aeroplan stressed that it "is of the view that there are good grounds for opposing the motion for authorization and will vigorously defend any class action, should one be authorized by the court."
Neale said: "I felt like they stole from me."
"If the bank took my money like that, it would be theft. I earned those points. They belong to me, and (Aeroplan) has no right to take them away from me."
-- Canwest News Service
MONTREAL -- The Quebec Superior Court has granted authorization to launch a class-action lawsuit challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points accumulated in its loyalty program.
The motion, obtained by Montreal lawyer Owen Falquero of Merchant Law Group LLP, was filed on behalf of about seven plaintiffs across Canada. But the number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people.
The motion was filed formally on behalf of Noella Neale of Port Coquitlam, B.C., a single mother whose 150, 000 points were annulled by Aeroplan because she hadn't made a contribution or a redemption in her account for one year, a period during which she had fallen ill.
Those points fell victim to Aeroplan's rules, instituted in October of 2006, under which the company erases points in an account dormant for 12 months.
In a telephone interview, Neale said she was going to pay for her daughter's trip to New Zealand -- her graduation gift -- until she tried to pay from her account and saw that it had been emptied.
Aeroplan spokeswoman JoAnne Hayes declined to comment on the issue because it is now before the courts.
In a statement, Aeroplan noted that "no class action has yet been filed. This motion is the first procedural step before any such action can be instituted."
The company noted that "petitioners (are) seek(ing) court permission to sue Aeroplan on behalf of program members in Canada to obtain reinstatement of expired miles, reimbursement of any amounts already expended by Aeroplan members to reinstate their expired miles, $50 in compensatory damages and an undetermined amount in exemplary damages on behalf of each class member, all in relation to changes made to the Aeroplan program concerning accumulation and expiry of Aeroplan Miles as announced Oct. 16th, 2006."
But Aeroplan stressed that it "is of the view that there are good grounds for opposing the motion for authorization and will vigorously defend any class action, should one be authorized by the court."
Neale said: "I felt like they stole from me."
"If the bank took my money like that, it would be theft. I earned those points. They belong to me, and (Aeroplan) has no right to take them away from me."
-- Canwest News Service
