VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

  • October 21, 2014
  • BakerLaw
  • Comments Off on VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

In August 2014, bakerlaw posted about VIA Rail’s announcement of new accessible cabins for two on its Canadian train between Toronto and Vancouver (link to post).   Trips onboard the renovated sleeper car with an accessible double sleeping compartment are now being offered at a compensatory discount to members of a recent class action settlement in Cummings vs. Via Rail Inc.

The class action was instituted by Gaétane Cummings on behalf of all members of the class in Canada with regard to the inaccessibility of VIA trains and sleeper cars for disabled people who permanently rely on a wheelchair for mobility. The parties ultimately reached an agreement to settle, which was approved by the Superior Court of Quebec on October 21, 2013, and covers all members of the class action in Canada.  You are a member of the group, entitled to rights under the settlement agreement, if you

(A) reside in Canada, have a disability and are permanently reliant on a wheelchair for mobility, and have personally purchased a train ticket from VIA for a trip taken between August 31, 2007 and August 31, 2010 between Toronto and Vancouver with at least one night onboard a VIA train with a sleeper car; or

(B)  reside in Canada, have a disability and are permanently reliant on a wheelchair for their mobility, but are not a member of Group A, and want to travel onboard a VIA train for a trip between Toronto and Vancouver with at least one night onboard in a renovated Park sleeper car, with an accessible double sleeping compartment, in the year following the putting into service by VIA of its newly renovated sleeper car.

In addition to her entitlements as a member of the class, Ms. Cummings received a further award of damages that are specific to her particular facts as outlined in the settlement.

For more information, please see the settlement agreement (link to agreement) and the notice of the class action (link to notice), where it is explained how the class action works, who is a member of the group, the agreement itself and members’ rights under the agreement.