A class action lawsuit filed on behalf of all Canadian airline passengers alleges the country’s two largest airlines introduced additional baggage fees without providing additional service.

The decisions of the airlines to ‘unbundle’ airfares, allowing passengers to elect to check luggage or reserve a seat for an associated cost, came within three days of one another in September 2014.

Class action lawyer Tony Merchant says WestJet and Air Canada colluded on the introduction of fees in what amounts to illegal price-fixing.

“90 per cent of the industry is within two players,” said Merchant. “If they’re cooperating, working together, well that destroys a fair marketplace for people.”

Merchant adds the airlines have made tens of millions of dollars in baggage fees without adding any value to the passenger, an act which he considers to be unjust enrichment which is illegal.

WestJet representatives say they will issue their response to the allegations in their statement of defense. Air Canada will not comment on court matters.

The class action has yet to be certified as a judge has not determined if the plaintiff’s claim warrants review.

With files from CTV's Lea Williams-Doherty