Lewis v WestJet Airlines Ltd., 2021 BCSC 228, 2019 BCCA 63, 2017 BCSC 2327

We represented an airline in an uncertified class action brought by a flight attendant with respect to allegations failure to enforce anti-harassment policies. The damages claim was based on disgorgement of profits. Prior to a certification application in a class action, an application was brought to strike the action on the basis that the claim was not properly brought in the British Columbia Supreme Court and ought to have been brought before the Canadian Human Rights Commission and the various Provincial workers’ compensation boards. The application to strike was only partially successful. The certification application was ultimately unsuccessful as the Court found that the plaintiff did not establish that a class proceeding was the preferable procedure for the fair and efficient resolution of the common issues.