What is WestJet’s position on punitive damages in a class action?
British Columbia, Canada
The following excerpt is from Lewis v WestJet Airlines Ltd., 2021 BCSC 228 (CanLII):
WestJet’s primary argument is that the commonality of the issue of punitive damages does not, on its own, justify certifying an action as a class proceeding: Bennett v. Hydro One Inc., 2017 ONSC 7065 at paras. 110-111 [Bennett]. WestJet says that if no common issue related to liability is certified, then issues related to the remedy of punitive damages should not be certified.
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