Leasing companies allege Flair failed to make rent payments, ignored default notices

Plane-leasing companies that seized four aircraft from Flair Airlines in 2023 are seeking damages from the budget carrier, alleging it failed to make rent payments by the deadline and ignored repeated default notices.

Plane-leasing companies that seized four aircraft from Flair Airlines in 2023 are seeking US$30.9 million in damages from the budget carrier, alleging it failed to make rent payments by deadline and ignored repeated default notices. Flair Airlines captain Ken Symonds inspects the outside of one of the company's Boeing 737 MAX 8 aircraft while parked at a gate at Vancouver International Airport, in Richmond, B.C., on Wednesday, April 17, 2024. THE CANADIAN PRESS/Darryl Dyck

Plane-leasing companies that seized four aircraft from Flair Airlines in 2023 are seeking damages from the budget carrier, alleging it failed to make rent payments by the deadline and ignored repeated default notices.

The allegations were detailed in a statement of defence and counterclaim for US$30.9 million filed in Ontario Superior Court on June 26.

In March 2023, Flair Airlines filed a $50-million lawsuit against Irish-based Airborne Capital Inc. and a trio of affiliated leasing corporations, alleging they “secretly” found a better deal for the Boeing 737 Max aircraft with a third party and then set up Flair for default.

Flair said at the time it received no notice over the “unlawful” seizures, precluding the airline from alerting or rebooking customers.

The lessors deny any breach of contract or duty to act in good faith, saying the seizures were necessary to protect the value of the aircraft and were timed to avoid stranding passengers overseas.

None of the allegations in Flair’s lawsuit or the countersuit have been tested in court.

This report by The Canadian Press was first published July 4,2025.

Sammy Hudes, The Canadian Press

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