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.
Aw Nuts! CTA Refines the Buffer Zone
July 6th, 2011 | CommentsThings 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.
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).
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.
