Canadian Air Cargo

The class action affects anyone who purchased Airfreight Shipping Services, including those persons who purchased Airfreight Shipping Services through freight forwarders or from any air cargo carrier, for shipments within, to, or from Canada during the period from January 1, 2000, to September 11, 2006, and have not already excluded themselves from the class actions (the “Settlement Class” or “Settlement Class Members”).

Airfreight Shipping Services means airfreight cargo shipping services for shipments within, to, or from Canada, but excludes airfreight shipping services for shipments:

1. with an origin point in Canada and a destination point in the United States; or
2. with an origin point in the United States and a destination point in Canada,

but includes airfreight cargo shipping services in which the freight:

3. travelled by truck from Canada to the United States, and then by air from the United States to a third country; or
4. travelled by air from a third country to the United States, and then by truck from the United States to Canada.

A class action is a lawsuit filed by one person on behalf of a large group of people.

The Defendants in the Canadian Proceedings are:

Class action lawsuits were commenced in Ontario, British Columbia, and Quebec alleging that the Defendants participated in an unlawful conspiracy to fix prices of Airfreight Shipping Services from January 1, 2000, to September 11, 2006.

Previous settlements were reached with twelve groups of defendants and the related settlement funds have been distributed to Settlement Class Members.

New Settlements totaling CDN$16 million were reached with British Airways and Air Canada. Both Settlements were approved by the Ontario Court. The Air Canada Settlement was also approved by the British Columbia and Quebec Courts. With these Settlements, the class actions have been resolved against all defendants.

The Settlements represent a resolution of disputed claims and are not an admission of liability or wrongdoing. British Airways and Air Canada expressly deny any liability or wrongdoing.

Previous settlements were reached with 12 groups of defendants. In 2019, those settlement funds were distributed to eligible Settlement Class Members, less fees, disbursements, and a litigation reserve fund.

At the Approval Hearings, the Courts approved a second protocol for distributing the current Net Settlement Funds to Settlement Class Members. The Net Settlement Funds include (i) the British Airways and Air Canada settlement amounts, less approved legal fees and expenses; (ii) residual settlement funds from the first distribution; and (iii) the remainder of the litigation reserve fund.

The Net Settlement Funds will be distributed in the same manner as in the first distribution. The following is a summary of the proposed distribution.

(a) Who is eligible to claim?

While the settlements release the claims of persons who purchased Airfreight Shipping Services within Canada, those persons are not eligible for compensation, as the alleged conspiracy related only to international shipments.

For the purposes of the distribution of settlement funds, Airfreight Shipping Services means airfreight cargo shipping services for shipments to or from Canada, but specifically excluding:

1. airfreight cargo shipping services for shipments between Canada and the United States; and
2. airfreight cargo shipping services provided by integrated air cargo shippers, such as FedEx, UPS, DHL, and TNT, on their own aircraft.

For certainty, Airfreight Shipping Services includes airfreight cargo shipping services in which the freight:

1. travelled by truck from Canada to the United States, and then by air from the United States to a third country on a through airway bill;
2. travelled by air from a third country to the United States, and then by truck from the United States to Canada on a through airway bill; or
3. the shipping arrangement was made with an integrated air cargo shipper, but the freight was shipped on an air cargo carrier (not on the integrated shipper’s own aircraft), including any of the Defendants in the litigation.

For the purposes of the distribution of settlement funds, Settlement Class Members means all persons who purchased Airfreight Shipping Services between January 1, 2000, and September 11, 2006. The following persons are excluded:

1. the Defendants and their respective parents, employees, subsidiaries, affiliates, officers, and directors;
2. the alleged unnamed co-conspirators: Aerolineas Brasileiras S.A (d/b/a Absa Cargo Airline), Air China Cargo Company Ltd. (d/b/a Air China Cargo), Air China Ltd. (d/b/a Air China), Air Mauritius Ltd., Airways Corporation of New Zealand Ltd. (d/b/a Airways New Zealand), Alitalia Linee Aeree Italiane S.p.A., All Nippon Airways Co., Ltd., DAS Air Ltd. (d/b/a Das Air Cargo), El Al Israel Airlines, Emirates Airlines (d/b/a Emirates), Ethiopian Airlines Corp., EVA Air, Kenya Airways Ltd., Malaysia Airlines, Nippon Cargo Airlines Co., Ltd., Saudi Arabian Airlines, Ltd., South African Airways (Proprietary), Ltd., Thai Airways International Public Co., Ltd., and Viação Aérea Rio-Grandense, S.A., and their respective parents, employees, subsidiaries, affiliates, officers, and directors; and
3. persons who opted out of the proceedings.

(b) How are the Settlement Funds being distributed?

Subject to further order of the Ontario court, the settlement funds will be distributed on a pro rata (proportional) basis, based on the value of a Settlement Class Member’s Eligible Airfreight Shipping Services Purchases as against the value of all claimants’ Eligible Airfreight Shipping Services Purchases.

To calculate Eligible Airfreight Shipping Services Purchases, Settlement Class Members will be categorized based on their position in the distribution chain and the following percentages will be applied their Airfreight Shipping Services Purchases. Settlement Class Members may fall into more than one category.

Sample Calculation

If a Settlement Class Member purchased $10,000 of Airfreight Shipping Services directly from an air cargo carrier and $20,000 of Airfreight Shipping Services from a Freight Forwarder, its Eligible Airfreight Shipping Services Purchases for the purposes of determining its pro rata share of the Net Settlement Funds would be calculated as follows:

1. $10,000 x 1.00 (representing the categorization of the purchaser as a Direct Purchaser Shipper) = $10,000;
2. $20,000 x .75 (representing the categorization of the purchaser as a Shipper) = $15,000;
3. $10,000 + $15,000 = $25,000.

Assuming all valid claims totaled $100 million, this Settlement Class Member would be entitled to 0.025% of the Net Settlement Funds.

(c) What if I claimed in the first distribution?

Persons who were issued payment in the first distribution (“Original Claimants”) will be able to rely on information provided in their previous claim form, but will be required to confirm their contact information and provide a statement of release.

Original Claimants who were issued a minimum payment of $20 in the first distribution, notwithstanding that their pro rata entitlement was less than $20, will have to account for the excess payment in this distribution. For example, if the Original Claimant’s pro rata entitlement under the First Distribution was $15, but the Original Claimant was paid $20, and the Original Claimant’s pro rata entitlement under the Second Distribution is $30, the Original Claimant will only be paid an additional $25.

(d) What is the minimum payment?

Subject to further order of the Ontario Court, all valid Claims will be assigned a minimum value of $20. However, if the pro rata distribution would result in a payment of less than $10 to an Original Claimant, no additional payment will be issued to that claimant.

(e) What happens to any residual funds?

To the extent that the full Net Settlement Funds are not paid out due to uncashed cheques, residual interest or otherwise, subject to further Order of the Court, such monies shall be paid to Pro Bono Canada if the amount is equal or less than $10,000, less any amounts payable to the Quebec Fonds d’aide aux actions collectives. For distribution of any amount above $10,000, further direction of the Court shall be sought.

The deadline to submit a claim has passed.

The following documentation is acceptable for proof of purchase:

1. invoices, receipts, air way bills, purchase records, historical accounting records, or comparable verification that is acceptable to the Claims Administrator;
2. Settlement Class Members who cannot satisfy the evidentiary requirements of (a) can provide a declaration attesting to the purchase and value of the purchase, together with a credit card statement, a bank statement, cancelled cheque, wire transfer confirmations, or comparable verification that is acceptable to the Claims Administrator;
3. where a Settlement Class Member has extrapolated its Airfreight Shipping Services Purchases, the Settlement Class Member must provide a sworn statement explaining the basis for and calculation of the extrapolation of purchases. Where a Settlement Class Member has purchase records for Airfreight Shipping Services for at least two years during the period January 1, 2000, to September 11, 2006, the Settlement Class Member can use such records to extrapolate its Airfreight Shipping Services Purchases for the remainder of the period January 1, 2000, to September 11, 2006.

The following law firms represent Settlement Class Members and are available to answer questions about the proposed settlement:

Settlement Class Members outside British Columbia and Quebec:

• 1-800-461-6166
• aircargo@siskinds.com
• Siskinds LLP, 275 Dundas Street, Unit 1, P.O. Box 2520, London, ON, N6B 3L1, Attn: Charles Wright or Linda J. Visser.

British Columbia Settlement Class Members:

• (604) 689-7555
• djones@cfmlawyers.ca
• Camp Fiorante Matthews Mogerman LLP, #400 - 856 Homer Street, Vancouver, BC, V6B 2W5, Attn: David Jones.

Quebec Settlement Class Members:

• (514) 846-0666
• moe@liebmanlegal.com
• Liebman Legal Inc., 1 Westmount Square #350, Montreal, QC, H3Z 2P9, Attn: Moe F. Liebman.

You do not have to pay the lawyers working on these class actions any money. The lawyers were paid from the money collected in the class actions, in an amount approved by the courts.

For more information, and relevant documents (including copies of the settlement agreements and distribution protocol) please visit the Important Documents page.