As the Fur Flies: Airlines Ordered to Amend Pet Policies

January 16th, 2012  |  1 Comment

A recent Canadian Transportation Agency decision has ruled that Air Canada, Jazz and WestJet need to amend their policies with respect to the carriage of cats as carry-on baggage in the aircraft cabin.

The decision resulted from a complaint by three passengers who all suffer from severe cat allergies. Although some of the complainants asked that all animals (other than service animals) be prohibited in the cabin, the Canadian Transportation Agency (CTA) only decided the issue with respect to cats as the complainants were only allergic to cats, and not other animals.

In a previous hearing, the CTA ruled that the complainants’ allergies were severe enough to constitute a disability. The next question for the CTA was whether the current policies of Air Canada, Jazz and WestJet constituted an obstacle to the mobility of the complainants. If so, the CTA would consider the appropriate accommodation to be made for the complainants and persons whose cat allergies result in a disability. Read the rest of this entry »

Aw Nuts! CTA Refines the Buffer Zone

July 6th, 2011  |  Comments

As outlined in a previous post, the CTA has determined that a nut allergy can be a disability which must be accommodated by air carriers.  The previous rulings required carriers to set up buffer zones when provided with at least 48 hours notice of an allergy by a passenger and that only peanut free and nut free foods could be served to all passengers in the buffer zones.

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Things That Go Bump On The Flight

August 24th, 2010  |  Comments

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Upon retrieving her baggage after a domestic flight from Toronto to Winnipeg, Ms. Kipper noticed that it was dented, and reported this to WestJet’s baggage service desk.  She was told that WestJet was not responsible for “normal wear and tear.”  Ms. Kipper complained to the Canadian Transportation Agency (CTA), which issued its decision on July 21, 2010 finding WestJet liable for the damage to the luggage.  In keeping with a recent series of decisions that may broaden the scope of liability of air carriers, the CTA confirmed that air carriers are liable for loss or damage to baggage, unless the damage was caused by an inherent defect, quality or vice of the baggage.

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Privacy Commissioner Cannot Rule on Claims of Legal Privilege

June 11th, 2010  |  Comments

During an Air Canada Jazz flight from Kamloops to Vancouver, a flight attendant noticed that two passengers were consuming beer which had not been served to them by Air Canada.  Consumption of alcohol on board that has not been served by the air carrier is prohibited by the Canadian Aviation Regulations (CARs).

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CTA Ruling: Is a Seafood Allergy a “Disability”?

May 20th, 2010  |  Comments

In the most recent of a series of decisions (see here, here and here) determining whether allergies constitute a disability that must be accommodated by Canadian air carriers, the Canadian Transportation Agency (the “CTA”) released a decision yesterday considering whether Air Canada’s policy of serving seafood and fish on its flights constituted an undue obstacle to a passenger’s mobility (click here for the full text of the decision).

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CTA Ruling: Cat Allergy is a Disability

March 5th, 2010  |  Comments

Last year, Air Canada announced that it would allow cats and small dogs to ride in the passenger cabin of its aircraft (WestJet already allowed cats, dogs, birds and rabbits in its aircraft).  As mentioned in our blog post of November 30, 2009, asthma and allergy sufferers reacted negatively to the announcement and the Canadian Lung Association commenced a “Say No to Pets on Planes” campaign. The Canadian Transportation Agency (“CTA”) recently issued a decision in response to complaints made by three individuals with severe cat allergies.  The CTA found that all three complainants were persons with disabilities and that the pet policies of Air Canada, Jazz and WestJet impacted the three passengers’ ability to travel by air.

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