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  • Statement of Defence of Sunwing Airlines Inc PDF

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    Sunwing Airlines Inc. denies the allegations against it in the class action lawsuit and argues that it is not a proper defendant. Sunwing states that the plaintiff does not plead that she had a contractual relationship with or purchased a flight from Sunwing. Sunwing also denies that the Federal Court has jurisdiction over this action and proposes that the trial be held in Toronto, Ontario. Sunwing requests that the claim against it be dismissed with costs to the plaintiff.

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    Sunwing Airlines Inc. denies the allegations against it in the class action lawsuit and argues that it is not a proper defendant. Sunwing states that the plaintiff does not plead that she had a contractual relationship with or purchased a flight from Sunwing. Sunwing also denies that the Federal Court has jurisdiction over this action and proposes that the trial be held in Toronto, Ontario. Sunwing requests that the claim against it be dismissed with costs to the plaintiff.

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    124 views5 pages

    Statement of Defence of Sunwing Airlines Inc PDF

    Uploaded by

    CTV Vancouver
    Sunwing Airlines Inc. denies the allegations against it in the class action lawsuit and argues that it is not a proper defendant. Sunwing states that the plaintiff does not plead that she had a contractual relationship with or purchased a flight from Sunwing. Sunwing also denies that the Federal Court has jurisdiction over this action and proposes that the trial be held in Toronto, Ontario. Sunwing requests that the claim against it be dismissed with costs to the plaintiff.

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    of 5

    Court File No.

    T-428-20
    THE FEDERAL COURT OF CANADA
    PROPOSED CLASS PROCEEDING
    BETWEEN:
    JANET DONALDSON

    PLAINTIFF
    AND:
    SWOOP INC.
    WESTJET AIRLINES LTD.
    AIR CANADA
    AIR TRANSAT A.T. INC.
    SUNWING AIRLINES INC.

    DEFENDANTS
    STATEMENT OF DEFENCE OF SUNWING AIRLINES INC.

    1. Save and except as hereinafter expressly admitted, the Defendant Sunwing


    Airlines Inc. ("Sunwing") denies each allegation of fact as set out in the
    Statement of Claim, as if it was set out herein and denied specifically, and
    Sunwing puts the Plaintiff to the strict proof thereof.

    2. In answer to the whole of the Statement of Claim, Sunwing says that the Plaintiff
    has failed to plead that she had a contractual relationship with Sunwing, and that
    no proper allegations of fact have been made against Sunwing. The Plaintiff does
    not plead that she purchased or made a flight booking with Sunwing. The Plaintiff
    lacks standing to bring these proceedings against Sunwing. Sunwing is not a
    proper Defendant in the within proceeding.

    3. Sunwing admits the allegations contained in paragraph 8 of the Statement of


    Claim.

    4. In specific answer to paragraph 9 of the Statement of Claim, Sunwing admits


    only that it is a properly licenced Canadian commercial air operator.
    5. In specific answer to paragraphs 10 and 11 of the Statement of Claim, Sunwing
    denies that the Plaintiff is an appropriate or suitable representative for any
    proposed class of plaintiffs as against Sunwing.

    6. In specific answer to paragraphs 64 to 69 of the Statement of Claim, Sunwing


    denies that the Federal Court has jurisdiction over this Action.

    7. Sunwing proposes that this action be tried in Toronto, Ontario.

    WHEREFORE Sunwing prays that the claim against it be dismissed with costs payable
    by the Plaintiff to Sunwing.

    Dated at Vancouver, tjiis 21 day of August, 2020

    Alexander Holb Beaudin + Lang LLP


    2700-700 West Georgia Street
    Vancouver, BC V7Y 1B8
    Fax: 604.484.9700

    Michael Dery
    Tel: 604.484.1742
    mdery@ahbl.ca

    Shaun Foster
    Tel: 604.484.1775
    sfoster@ahbl.ca

    Nicolas Pimentel
    Tel: 604.484.1745
    npimentel@ahbl.ca

    Solicitors for the Defendant,


    Sunwing Airlines Inc.

    TO: The Administrator


    Federal Court
    180 Queen Street West, Suite 200
    Toronto, Ontario
    M5V 3L6
    AND TO: Champlain Avocats
    200-1434 Sainte-Catherine Street West
    Montreal, PQ H3G 1R4

    Jeremie John Martin


    Tel: 514.839.6014
    jmartin@champlainavocats.com

    Sebastian A. Paquette
    Tel: 514.944.7344
    spaquette@champlainavocats.com

    Solicitors for the Plaintiff,


    Janet Donaldson

    AND TO: Evolink Law Group


    4388 Still Creek Drive, Suite 237
    Burnaby, BC V5C 6C6

    Simon Lin
    Tel: 604.620.2666
    simonlin@evolinklaw.corn

    Solicitors for the Plaintiff,


    Janet Donaldson

    AND TO: Hammerberg Lawyers LLP


    1200 W 73rd Ave, Suite 1220
    Vancouver, BC V6P 6G5

    Joel Zanatta
    Tel: 604.269.8500
    jzanatta@hammerco.net

    Kevin McLaren
    Tel: 604.269.8500
    kmclaren@hammerco.net

    Alexia Majidi
    Tel: 604.269.8500
    amajidi@hammerco.net

    Solicitors for the Plaintiff,


    Janet Donaldson
    AND TO: Mathew P. Good Law Corporation
    204 - 1650 Duranleau Street
    Granville Island
    Vancouver, BC V6H 3S4

    Mathew P. Good
    Tel: 604.363.6295
    mat@goodbarrister.com

    Solicitor for the Plaintiff,


    Janet Donaldson

    AND TO: Torys LLP


    79 Wellington St. W., 30th Floor
    Box 270, TD South Tower
    Toronto, ON M5K 1N2
    Fax: 416.865.7380

    Sylvie Rodrigue
    Tel: 416.865.8105
    srodrigue@torys.com

    Andrew Bernstein
    Tel: 416.865.7678
    abernstein@torys.com

    James Gotowiec
    Tel: 416.865.7981
    jgotowiec@torys.corn

    Leora Jackson
    Tel: 416.865.7547
    ljackson@torys.com

    Solicitors for the Defendant,


    Air Canada
    AND TO: Fasken Martineau DuMoulin LLP
    Barristers and Solicitors
    2900-550 Burrard Street
    Vancouver, BC V6C 0A3

    Andrew Borrell
    Tel: 604.631.3195
    aborrell@fasken.com

    Solicitors for the Defendant,


    Air Transat A.T. Inc.

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