The class action lawsuit against Transport Canada over the suspension of direct flights out of Morocco from August 29 to September 29, 2021 due to the COVID-19 pandemic has just been approved by the Supreme Court.
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The class action lawsuit was filed on September 16 at the initiative of Montreal attorney Nawal Benrouayene.
Of Moroccan descent, the mother-of-three, who witnessed the flight suspension at the time, decided to bring a class action lawsuit for “all Canadian citizens, Canadian permanent residents, and overseas Moroccan students residing in Canada who are subject to Transport Canada’s decision to suspend all direct flights.” from Morocco between August 29, 2021 and September 29, 2021 caused moral, material and financial harm,” the court document said.
Remember that the decision to end direct flights between the two countries was made on August 28, 2021.
Mrs Benrouayene does not dispute the closure of the borders, but the deadline for the application of this measure. In particular, she criticizes Transport Canada for failing to propose alternatives to her decision and not setting a reasonable time limit before it came into effect.
In particular, the plaintiff is seeking reimbursement of the cost of round-trip air tickets from third countries and $5,000 for moral, psychological and stress injuries.
For the Attorney General of Canada, this appeal is doomed to failure because the contested decision “is a decision of the nature of regulating basic public policy and the State benefits from the relative immunity in this regard which makes the motion for class action inadmissible.” ‘ read the verdict.