A Regina law firm is trying to launch a class-action lawsuit on behalf of angry members of a frequent-flyer program (known as Aeroplan), challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points Canadians accumulate in the loyalty program. A motion was filed by Montreal lawyer Owen Falquero of Merchant Law Group LLP on behalf of about seven plaintiffs across Canada. The number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people -- some of whom have complained bitterly in recent months about the rules that allow Aeroplan to clean out accounts of some of its customers and points that in some cases have taken years to accumulate. The large majority of Aeroplan points are redeemed for flights on Air Canada, Aeroplan's biggest client.
The motion was filed formally on behalf of Noella Neale of Port Coquitlam, British Columbia, a single mother whose 150,000 points were annulled by Aeroplan because she hadn't made a contribution or a redemption in her account for one year -- a period during which she had fallen ill. Those points fell victim to Aeroplan's new rules instituted in October of 2006, under which points in an account that is dormant for 12 months are erased by the company. Neale said she was going to pay for her daughter's trip to New Zealand, her graduation gift (wow... what a spoiled little bastard), until she tried to pay from her account and saw that it had been emptied.
Aeroplan spokeswoman JoAnne Hayes said she could make no comment on the issue, which is now before the courts. But in a statement, Aeroplan noted, "No class action has yet been filed. This motion is the first procedural step before any such action can be instituted."
The company noted that "petitioners (are) seek(ing) court permission to sue Aeroplan on behalf of program members in Canada to obtain reinstatement of expired miles, reimbursement of any amounts already expended by Aeroplan members to reinstate their expired miles, $50 in compensatory damages and an undetermined amount in exemplary damages on behalf of each class member, all in relation to changes made to the Aeroplan program concerning accumulation and expiry of Aeroplan Miles as announced Oct. 16, 2006."
Aeroplan said that it "is of the view that there are good grounds for opposing the motion for authorization and will vigorously defend any class action, should one be authorized by the court."
Neale expressed her frustration by saying: "I felt like they stole from me. If the bank took my money like that, it would be theft. I earned those points. They belong to me, and (Aeroplan) has no right to take them away from me."
She and her fellow petitioner, Gabriel Clark, of Coquitlam, British Columbia, both said that Aeroplan says that they told them in e-mails of the new rules.
"I don't recall getting any e-mail," Neale said. Yeah... I guess that's what happen when you don't pay attention to junk emails.
Clark added: "I'm 50 years old and for something like that, I need a registered letter." You need a registered letter just to comprehend new rules?
Anthony Merchant, whose Regina-based law firm is seeking to file the lawsuit, said they had filed the motion in Quebec Superior Court for two reasons: Aeroplan is based there, and because, in the past, the court has expressed scepticism about so-called "contracts of adhesion," contracts that change in mid-course, like Aeroplan's did in 2006.
RBC Bank President Gordon Nixon - Salary $11.73 Million
$100,000 - MISTAKE (FISHERMEN'S LOAN)
I'm a commercial fisherman fighting the Royal Bank of Canada (RBC Bank) over a $100,000 loan mistake. I lost my home, fishing vessel and equipment. Help me fight this corporate bully by closing your RBC Bank account.
There was no monthly interest payment date or amount of interest payable per month on my loan agreement. Date of first installment payment (Principal + interest) is approximately 1 year from the signing of my contract. Demand loan agreements signed by other fishermen around the same time disclosed monthly interest payment dates and interest amounts payable per month.The lending policy for fishermen did change at RBC from one payment (principal + interest) per year for fishing loans to principal paid yearly with interest paid monthly. This lending practice was in place when I approached RBC. Only problem is the loans officer was a replacement who wasn't familiar with these type of loans. She never informed me verbally or in writing about this new criteria.
Phone or e-mail: RBC President, Gordon Nixon, Toronto (416)974-6415 RBC Vice President, Sales, Anne Lockie, Toronto (416)974-6821 RBC President, Atlantic Provinces, Greg Grice (902)421-8112 mail to:greg.grice@rbc.com RBC Manager, Cape Breton/Eastern Nova Scotia, Jerry Rankin (902)567-8600 RBC Vice President, Atlantic Provinces, Brian Conway (902)491-4302 mail to:brian.conway@rbc.com RBC Vice President, Halifax Region, Tammy Holland (902)421-8112 mail to:tammy.holland@rbc.com RBC Senior Manager, Media & Public Relations, Beja Rodeck (416)974-5506 mail to:beja.rodeck@rbc.com RBC Ombudsman, Wendy Knight, Toronto, Ontario 1-800-769-2542 mail to:ombudsman@rbc.com Ombudsman for Banking Services & Investments, JoAnne Olafson, Toronto, 1-888-451-4519 mail to:ombudsman@obsi.ca
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"Fighting the Royal Bank of Canada (RBC Bank) one customer at a time"
A Regina law firm is trying to launch a class-action lawsuit on behalf of angry members of a frequent-flyer program (known as Aeroplan), challenging Groupe Aeroplan Inc.'s practice since October 2006 of cancelling points Canadians accumulate in the loyalty program. A motion was filed by Montreal lawyer Owen Falquero of Merchant Law Group LLP on behalf of about seven plaintiffs across Canada. The number of petitioners, if and when a class-action suit is launched, could balloon to thousands of people -- some of whom have complained bitterly in recent months about the rules that allow Aeroplan to clean out accounts of some of its customers and points that in some cases have taken years to accumulate. The large majority of Aeroplan points are redeemed for flights on Air Canada, Aeroplan's biggest client.
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