By Bob Mackin, Local Journalism Initiative Reporter, Prince George Citizen

Airport Improvement Fees

Class-action lawsuit against Prince George Airport will continue

Jan 4, 2026 | 12:00 PM

PRINCE GEORGE — Prince George Airport Authority Inc. and two others in BC have failed in their appeal of a retired Nova Scotia pilot’s proposed class-action lawsuit.

Brian Roy filed his original notice of civil claim on March 25, 2019. He alleges 20 airports are wrongly charging the “passenger tax” on airline employees and their family members who use an employee travel pass. Roy also accused the airports of concealing their governing agreements.

Last March, a BC Supreme Court judge allowed Roy to add BC resident Benjamin Scott as a plaintiff to satisfy rules requiring a BC plaintiff. Prince George, Vancouver Airport Authority and Victoria Airport Authority unsuccessfully sought to have the claim thrown out.

The decision by the appeal court, from Justices Susan Griffin, Janet Winteringham and Andrew Mayer, said the three airports’ interpretation of the Class Proceedings Act “is not supported by the words of the section, the context of the legislation, nor the objectives of the legislation.”

They also ruled that the lower court judge, Lisa Warren, did not err.

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“The BC plaintiff, Mr. Scott, is not precluded from seeking certification of the action as a class action by the mere fact that there was an earlier plaintiff who filed the claim,” said the appeal decision.

The tribunal said the law permits non-BC residents to be included in class actions.

“There is nothing to be gained by punishing all class members and requiring abandonment of a class action, just because the action happens to be started by someone who does not meet the requirements for bringing a certification application but this deficiency is subsequently corrected,” the decision said.