Former Aveos employee wins battle with Air Canada

Air Canada violated federal law by not operating its maintenance centers in Montreal, Winnipeg and Mississauga when Aveos collapsed 10 years ago, a Quebec Superior Court Thursday ruled that thousands of ruled in favor of former workers.

Judge Marie-Christine Hivon, who concluded that there were “continued violations” of the law from March 2012 to June 2016, said, “Air Canada has taken reasonable steps to comply with the law following Aveos’ closure.” did not take any serious action.

Approximately 2,200 former workers are affected as a result of the class action lawsuit. The majority of them were based in Montreal.

In a video message posted on Facebook shortly after the ruling, Jean Poirier, president of the Abeos union at the time the company closed, said he was “very moved”.

“We won! We beat Air Canada. We beat everything. David beat Goliath. It’s been 14 years, my friend.”

He called on Air Canada’s shareholders, who can appeal the ruling, to “take another step” to resolve the case.

In her 154-page decision, Judge Hybon ordered the airline to compensate workers for the loss of income and employment, as well as the loss of social benefits.

Air Canada must also compensate workers for “stress, doubts, low self-esteem, anxiety, unjustified feelings, and loss of enjoyment in life.” Individual claims must be paid for those who have suffered moral damage, such as divorce, suicide, etc.

However, Judge Hyvon found that former Aveos employees did not prove that Aveos’ collapse was caused by malicious or willful misconduct on the part of Air Canada. Therefore, she dismissed her $110 million claim for punitive damages.

In a written statement, Air Canada said it had “always acted in good faith in this matter” and the court concluded that the company did not cause Abeos’ collapse and dismissed punitive damages. .

As for the possibility of appealing the ruling, the carrier said it would consider it before deciding on its next steps.

Under the Air Canada Citizen Participation Act, the company is obligated to maintain its Montreal, Winnipeg and Mississagua centers, a task it had outsourced to Aveos, which went bankrupt in March 2012. The federal government amended the law in June 2016 to remove this obligation.

The Court has clarified that the use of subcontracting does not relieve Air Canada of its legal obligations if the subcontractor ceases operations.

In addition, the revision of the law was not retroactive and, contrary to the company’s claims, did not have the effect of clarifying the original meaning of the law.