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 | CommentsDisability Does Not Affect Two Year Limitation Period
May 13th, 2011 | Comments
In a recent decision, the Ontario Superior Court of Justice ruled that the two year limitation period to commence an action in Article 29 of the Warsaw Convention was not suspended because of a Plaintiff’s disability.
Ms. Marwa Sakka flew with Air France on May 23, 2003, from Toronto, Ontario to Paris, France. To board the flight, she was assisted by Air France personnel as she was seated in a wheelchair and required assistance to access her seat on the airplane. Upon arrival at Charles de Gaulle airport in France, the Plaintiff claimed that Air France personnel failed to assist despite numerous requests by her mother.
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).
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.
