What Canada's air cargo cartel ruling may mean for possible US claimants

© Aprescindere

Cartel behaviour across a group of air cargo carriers may have altered the rule of law permanently. Brought on behalf of claimants who purchased air freight capacity to or from Canada, only to discover a group of airlines involved had fixed prices, the Canadian Air Cargo Class Action (Airia) saw Canadian courts approve the inclusion of absent foreign claimants (AFCs) in the litigation. This was subsequently challenged by the defendants, only to be held up by the Ontario Court of Appeals. Such a decision leaves Canada as one of a few jurisdictions where truly global class actions may be possible. But this piece from Lexology warns that claimants shopping around for justice will first have to pass a substantial connection test, showing their claim is in some, significant way linked to Canada.