Simsek v. United Airlines, Inc.

Simsek v. United Airlines, Inc.

Appeal dismissed: certification was properly denied because plaintiffs failed to identify common issues appropriate for class proceedings—central issues (agency of varied travel sellers and variation in ticket receipts and labeling) require individualized determinations—although pleadings might be curable by amendment, absence of common issues precludes certification.

Citation
2017 BCCA 316
Parties
Appellant/plaintiff: Derya Simsek; Appellant/plaintiff: Senkal Ozturkler; Appellant/plaintiff: Ahmet M. Kadioglu; Appellant/plaintiff: Bulent Unlu; Respondent/defendant: United Airlines, Inc.; Respondent/defendant: British Airways PLC; Respondent/defendant: Delta Air Lines, Inc.; Respondent/defendant: Deutsche Lufthansa Aktiengesellschaft; Respondent/defendant: Air Canada
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 September 2017
Procedural Posture
Appeal From Refusal to Certify Class Proceedings (class Certification Appeal) / Court of Appeal Judgment on Appeal From Chambers Judge Refusal to Certify
Outcome
Appeal dismissed; order refusing certification of class proceedings upheld
Legal Topics
Class Certification, Fuel Surcharge Labeling, IATA Ticket Coding (yq/yr/xt), Agency of Travel Agents, Ticket Receipts as Contractual Documents, Cause of Action Disclosure, Common Issues Requirement
Source Language
English
Class Actions Unjust Enrichment Contract Law Consumer Protection Law Agency Law Aviation Law Class Certification Fuel Surcharge Labeling +5 more

Case Brief

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Parties

Derya Simsek

Appellant/plaintiff

Senkal Ozturkler

Appellant/plaintiff

Ahmet M. Kadioglu

Appellant/plaintiff

Bulent Unlu

Appellant/plaintiff

United Airlines, Inc.

Respondent/defendant

British Airways PLC

Respondent/defendant

Delta Air Lines, Inc.

Respondent/defendant

Deutsche Lufthansa Aktiengesellschaft

Respondent/defendant

Air Canada

Respondent/defendant

Procedural Posture

Appeal From Refusal to Certify Class Proceedings (class Certification Appeal) / Court of Appeal Judgment on Appeal From Chambers Judge Refusal to Certify

Legal Issues

  1. 1 Do the pleadings disclose a cause of action in unjust enrichment?
  2. 2 Are there identifiable common issues suitable for resolution in a class proceeding?
  3. 3 Did travel agents act as agents of the airlines such that representations on receipts bind airlines?

Ratio Decidendi

Appeal dismissed: certification was properly denied because plaintiffs failed to identify common issues appropriate for class proceedings—central issues (agency of varied travel sellers and variation in ticket receipts and labeling) require individualized determinations—although pleadings might be curable by amendment, absence of common issues precludes certification.

Court Disposition

Appeal dismissed; order refusing certification of class proceedings upheld

Orders

  • Appeal dismissed
  • Order of the Supreme Court of British Columbia refusing certification dated August 18, 2015 (2015 BCSC 1453) upheld