Flair launches $50-million lawsuit against leasing companies after plane seizures
MONTREAL –
Flair Airlines has filed a $50-million lawsuit towards a number of plane-leasing corporations over the “unlawful” seizure of 4 of its plane over the weekend.
The filings in Ontario Superior Court state {that a} trio of leasing companies discovered a greater deal for the Boeing 737 Maxes with a 3rd occasion after which “set Flair up” for default, amounting to an unlawful termination of leases.
“The seizures were orchestrated in a bad faith and malicious manner that inflicted the maximum possible harm on Flair, including by interfering with its passenger relationships and trust,” the assertion of declare reads.
“The lessors sent agents to seize the aircraft in the middle of the night as passengers were boarding planes for spring break vacations.”
Flair stated it acquired no discover, precluding the low cost service from notifying or rebooking clients. The brokers arrived at airports in Toronto, Edmonton and Waterloo, Ont., at 3 a.m. EDT to confiscate the registration certificates and technical logs on board — the aviation equal of taking the automobile keys — the corporate stated.
None of the allegations in Flair’s lawsuit have been examined in court docket.
The airline additionally claims the lessors — Columba Lights Aviation Ltd., Corvus Lights Aviation Ltd., and MAM Aircraft Leasing 4, all based mostly in Ireland — carried out the seizures regardless of having made no objection to an association put ahead by Flair final Friday to provoke cost earlier this week.
Claiming substantial damages, Flair additional says leasing administration firm Airborne Capital Inc. “misled” the service and that one other Dublin-based firm agreed to a deal to purchase or lease the plane. On these grounds, Flair has alleged breach of contract, fraudulent misrepresentation and “conspiracy.”
In February or early March, the defendants “secretly co-ordinated and agreed to sell or lease” the planes to an organization Flair has dubbed ABC Corp., the Edmonton-based airline alleges. “The identity of ABC Corp. is known to the defendants, but is not known to Flair as at the time this statement of claim was issued.”
The go well with within the Ontario Superior Court of Justice is the most recent blow in a back-and-forth struggle between the low cost service and its lessors, with Airborne Capital stating Tuesday that Flair “regularly” missed funds over the previous 5 months, ensuing within the airplane seizures.
The cost arrears reached thousands and thousands of {dollars}, Airborne Capital has stated.
Airborne didn’t instantly reply to requests for remark in regards to the lawsuit on Wednesday.
Flair discovered itself down by greater than a fifth of its 19-plane fleet after the plane had been taken out of operation Saturday, forcing the airline to cancel a number of flights and roll out three different jetliners ready within the wings, and to open a brand new lease on a fourth.
Flair CEO Stephen Jones has stated the disruptions might imply fewer plane and a slimmed-down schedule this summer time.
This report by The Canadian Press was first printed March 15, 2023.
