Short-term car rentals to young drivers (16 to 24 years old)
Class action description
In the short-term car rental industry, it is common practice to discriminate against drivers aged 16 to 24 years (hereinafter “young drivers”). Such discrimination against young drivers could be in the form of: (1) charging additional fees, (2) the refusal to lease them certain vehicle models and (3) the outright refusal to lease them any model of vehicle;
The age at which the defendants apply the three discriminatory practices varies from one company to another, but this differential treatment applies solely because of age. Under the Charter of Human Rights and Freedoms[1] (hereinafter “Charter”), such discrimination is prohibited.
While it may be allowed in certain situations to make a distinction, exclusion or preference according to age, in particular in an insurance contract, no exception is provided by law for the leasing of vehicles.
The purpose of this action is to put an end to these discriminatory practices and to compensate those affected by them with compensatory, moral and punitive damages.
[1] L.R.Q., c. C-12.
Group description
Any person in Quebec who has paid fees due to the age of one of the drivers designated in a short-term vehicle rental contract with one or more of the following companies:
1- 2642-0398 Quebec inc. (Autoplateau rental)
2- 9007-3529 Quebec inc. (Autorentacanada.com)
3- Budgetauto inc.
4- Aviscar inc.
5- 2313-7292 Quebec inc. (Discount car and truck rentals and Via route)
6- The Dany Sévigny inc. (Discount car and truck rentals and Via route Sherbrooke)
7- The Enterprise Canada Car Rental Company (Enterprise, National and Alamo)
8- Hertz Canada Limited
9- 9093-4233 Quebec inc. (Globe Car)
10- Globe car and truck rental inc.
11- Dollar Thrifty Automotive Group Canada inc.
and / or to whom these companies have refused to rent some or all types of vehicles because of the age of one of them, since August 16, 2016.
Chronology
August 16, 2019: Application for authorization to institute a class action
May 12, 2020: Judgment on application for leave to examine the designated person and to submit relevant evidence
October 15 and 16, 2020: Hearing on authorization
October 16, 2020: Amended application for authorization to institute a class action
April 13, 2021: Judgment on the application for authorization to institute a class action
February 9, 2022: Judgment granting the amendments to the judgment of authorization, lifting the stay of proceedings and authorizing the action against two defendants, and approving the content of the notices to members
April 11, 2022: Judgment on the publication of notices and the exclusion period
January 26, 2024: Originating application in class action
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