Law360 Canada ( June 30, 2025, 3:04 PM EDT) -- Appeal by appellant WestJet from dismissal of its application to strike respondents’ proposed class action. The respondents, who required extra seating to accommodate their disabilities, brought the action on behalf of Canadian residents (except Quebec) who paid additional fares for disability-related seating on international flights since December 2005. Prior to 2008, the appellant charged per-seat pricing for both domestic and international flights. After the Canadian Transportation Agency’s 2008 decision prohibiting such pricing for domestic flights, the appellant changed its domestic policy but continued charging per-seat fares for international travel. The respondents claimed these contracts violated provincial consumer protection legislation and were unconscionable at common law, seeking restitution of additional fares paid and injunctive relief. The appellant applied to strike the claim, arguing the Supreme Court of British Columbia lacked jurisdiction because the claim was fundamentally about discrimination, which fell under federal legislation. The appellant also contended that s. 31(2) of the Accessible Transportation for Persons with Disabilities Regulations permitted charging per-seat fares for international travel, making the practice neither unconscionable nor subject to provincial consumer protection legislation under federal paramountcy. The trial judge dismissed the application to strike the proposed class action. WestJet appealed the dismissal....