WESTJET ANTI HARASSMENT PROMISE CLASS ACTION
Lewis v WestJet Airlines Ltd. (Vancouver Action No. S-162957)
Click here to see a copy of the Settlement Agreement, dated June 30, 2026.
Click here to see the Notice of Proposed Settlement.
UPDATE re: Settlement Approval Process
Click here to see the Reasons for Judgment, dated August 10, 2026.
Settlement Approved – August 10, 2026
On August 10, 2026, the Supreme Court of British Columbia approved the $4.5 million settlement of the WestJet class action, finding that the settlement is fair, reasonable and in the best interests of the Class.
The settlement applies to current and former female flight attendants who worked for WestJet mainline between April 4, 2014 and February 28, 2021 and who did not opt out of the Class Action by June 8, 2024.
Estimated Payment to Class Members
Based on the amounts approved by the Court and anticipated settlement administration costs, we currently estimate that each Eligible Class Member who submits a valid claim will receive approximately $470.
This amount is an estimate and may change slightly once all settlement administration costs have been finalized.
You do not need to submit a claim yet.
The Court has appointed Deloitte LLP as the independent Claims Administrator. Deloitte is currently preparing a secure online claims portal. Once the portal is ready, Eligible Class Members will receive a further notice with instructions for submitting a claim and the applicable deadline.
Class Members will have three months from the date the claims notice is sent to submit a claim. A valid claim must be submitted by the deadline in order to receive payment.
What the Settlement Provides
The settlement includes both monetary and non-monetary relief.
WestJet will pay a $4.5 million settlement amount. Court-approved legal fees, disbursements, applicable taxes, the Representative Plaintiff’s honorarium and settlement administration costs will be paid from this amount, with the remaining funds available for payments to Eligible Class Members who submit valid claims.
The settlement also requires WestJet to retain an independent and qualified third party to conduct a workplace assessment addressing:
- the prevalence of harassment in the workplace;
- the extent of underreporting; and
- how harassment reporting and response systems can be made more effective.
WestJet will provide employees with a summary of the assessment findings.
The settlement is a compromise of disputed claims. WestJet denies the allegations, which were not determined at trial, and the settlement does not constitute an admission of liability or wrongdoing.
Class Counsel Fees and Representative Plaintiff Honorarium
The Court approved the 35% contingency fee agreed to at the outset of the litigation, plus applicable taxes, as well as the disbursements incurred in prosecuting the case. The Court awarded the Representative Plaintiff, Mandalena Lewis, an honorarium of $10,000 in recognition of the time and effort she devoted to representing the Class throughout the litigation.
What Happens Next?
There is a required 30-day period following the Court’s August 10, 2026 approval before the settlement becomes final. In the meantime, Deloitte and the parties are preparing the claims process.
There is nothing Class Members need to do at this time.
Once the claims portal is ready, Eligible Class Members will receive a notice by email containing:
- a link to the online claims portal;
- instructions for submitting a claim;
- the claims deadline; and
- information about the payment process.
Class Members will have three months from the date the claims notice is sent to submit a claim.
After the claims deadline, Deloitte will review and process the claims. Under the Court-approved Distribution Protocol, this process is expected to take up to 60 days following the claims deadline, after which payments will be made to Class Members with approved claims. Payments will be made by Interac e-Transfer to the email address provided in the claim form.
This page will be updated as soon as the claims process begins with the link to the claims portal and the exact claims deadline.
Court Documents
The following documents relating to the settlement and its approval will be posted here once they have been returned by the Court following filing:
- Settlement Approval Order, including the Settlement Agreement
- Claims Administrator Order, including the Court-Approved Distribution Protocol
- Legal Fees, Disbursements and Representative Plaintiff Honorarium Order
- Court’s Reasons for Judgment on Settlement Approval (to be posted when written reasons issued)
- Notice of Settlement Approval and Claims Process (to be posted when the claims process begins)
- Claim Form (to be available when the claims portal opens)
We invite class members to visit the class action website regularly for further updates.
The Notice of Certification with information about the proceeding is here.
A copy of the Fresh As Amended Notice of Civil Claim is available here and the Certification Order is here.
If you have any questions, please contact us at wjantiharassmentclass@jfklaw.ca
All inquiries are confidential.
News
- August 10, 2026 – Court approves Settlement Agreement in Lewis v. WestJet class action: Formal Notice of Settlement Approval and Claims Process to follow.
- The Plaintiff brought an application requesting relevant documents that had not been disclosed by WestJet. Examples of the documents requested are documents related to exit interviews reporting complaints and discussing the core policies and anti-harassment program, records on investigations related to harassment and the individuals conducting them; settlements arising out of harassment or assault complaints; investigations related to harassment or sexual harassment complaints under the anti-harassment program among other document requests. The court found that the documents requested were relevant and should be produced by WestJet with the exception of documents related to settlements. Read the full decision here: Lewis v WestJet Airlines Ltd., 2024 BCSC 111.
- WestJet applied to. amend the class definition contained in the Certification Order to have the class period end on July 31, 2018 – the date when the Canadian Union of Public Employees (“CUPE”) was certified as the bargaining agent for all WestJet flight attendants. On November 6, 2023, the British Columbia Court of Appeal dismissed WestJet’s application and concluded that the class definition be amended to provide that the class period ends on February 28, 2021. Read the full decision here: Lewis v WestJet Airlines Ltd., 2023 BCSC 1921.
- On April 19, 2022, the British Columbia Court of Appeal certified a class action by Mandalena Lewis against WestJet Airlines, arguing breach of contract over a failed harassment prevention program. The court ruled in favor of the class, rejecting the notion that human rights complaints were a preferable alternative to advancing the issues. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2022 BCCA 145.
- On February 21, 2019, WestJet appealed the order dismissing its application to strike the notice of civil claim on the basis that the courts lack jurisdiction to hear the dispute which is within the jurisdiction of the Canadian Human Rights Tribunal. The BC Supreme Court dismissed the appeal on the basis that the contract of employment is a recognized source of legal rights grounding remedies for a breach in the courts. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2019 BCCA 63.
- WestJet attempted to have the claim dismissed, arguing that the claim should have been brought before the Canadian Human Rights Tribunal, that the remedy of “disgorgement” (paying over money that was earned or saved by breaching the contract) is not available, and that the entire claim is an abuse of process. WestJet also tried to argue that Ms. Lewis is too late in pursuing the claim and that her claim is therefore barred by the Limitation Act. On December 15, 2017, Justice Humphries Dismissed WestJet’s arguments and denied its application to strike the claim paving the way for the claim to be heard on its merits. Read the full decision here: Lewis v WestJet Airlines Ltd., 2017 BCSC 2327.
- Madam Justice Humphries of the BC Supreme Court has been assigned as the Judicial Management and Trial Judge in the above noted matter. The next step towards certification of this class action is the Judicial Management Conference (“JMC”), to be held before Madam Justice Humphries on November 22, 2016. At the JMC, the Judge will assist plaintiff and defence counsel in developing the timing for certain critical steps in the action, including setting the date of hearing of the certification application. It is anticipated that the judge will also discuss other steps in the litigation such as the discovery of documents and examination of witnesses, which will assist the parties in clarifying the issues and advancing the case.
- The Certification schedule can be viewed by clicking here.
- Click here for FAQs