Montreal commuter seeks class action against public transit agency over labour strike

An authorization request to launch a class-action lawsuit against Montreal's public transit agency was filed in Quebec Superior Court Friday.

The plaintiff, Simon Saint-Onge, is looking to sue the Société de transport de Montréal (STM) on behalf of all commuters who hold a transit pass for the month of June after a labour strike has led to major disruptions to bus and Metro lines all week.

The Superior Court has yet to rule on the request.

A news release issued by Saint-Onge's lawyer, Sidney Bitton, calls particular attention to the fact that STM riders are getting different treatment during the Canadian Grand Prix weekend as service will be returned to normal for the duration of the event. The news release calls it a "double standard."

Despite an implicit contract between the STM and its customers, service frequency has dropped drastically, making access to transportation outside of peak hours nearly impossible and forcing thousands of Montrealers to turn to costly solutions like taxis or Uber, the news release says.

The focus of the lawsuit, should it be approved, is the alleged "contractual non-performance" of the STM and the maintenance workers' union. 

"The failure in their obligation to provide service in accordance with the schedules in effect at the time the transit passes were sold," the news release says, calling it a violation of the province's Consumer Protection Act.

The legal action seeks a partial refund of the value of monthly passes and compensation, to be determined by the users, as well as additional damages for the stress, inconvenience and losses incurred. 

"The action aims to remind the STM, the union and the authorities that a service paid for in advance cannot be suspended without regard for the human, economic and social consequences," the news release says.

The STM maintenance workers with the Syndicat de transport de Montréal are trying to renew their collective agreement, which expired in January. Union members have a mandate to go on strike from June 9 to June 17 at 11:59 p.m.

During the strike, bus and Metro services have been halted or halved outside of rush hours and late-evening hours — with the exception of Grand Prix weekend. Adapted transport service will be maintained at all times.

Regarding the request for lawsuit authorization, STM spokesperson Isabelle-Alice Tremblay said the strike is legal and customers were informed upon receipt of the strike notice on May 29.

"The STM emphasizes that it has taken all reasonable measures to maintain as much service as possible to the population during this period, in the interest of continuity of public service and to allow its customers to plan their trips in an informed manner," she said.