Federal Court of Appeal upholds decision to boost accessibility at Air Canada
- News Article
- Mar 27
- 1 min read
The Federal Court of Appeal has upheld a decision by the country’s transport regulator that aims to boost accessibility for air travellers living with a disability.
A judicial tribunal dismissed an appeal by Air Canada, which took issue with one of the accommodations it was ordered to provide for passengers whose wheelchairs are too large to fit through the cargo doors of some aircraft, saying it was too onerous for the airline.
The ruling Friday marks the culmination of a case that has dragged on since 2016, when respondent Tim Rose was told his power wheelchair would not fit on an aircraft, preventing him from travelling to Ohio as planned.
After a series of decisions, the Canadian Transportation Agency ruled in 2023 that Air Canada must find passengers with disabilities a similar flight on a comparable route or, if that’s not possible, swap in a plane that is capable of carrying the mobility device.
Air Canada appealed the swap-in requirement last year. But Justice Wyman Webb rejected the airline’s arguments: “Air Canada did not establish that it would suffer undue hardship if it had to substitute an aircraft.”
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