In January 2008, the Canadian Transportation Agency issued a ruling that would require that airlines (Air Canada, Westjet) offer a second seat (without cost) to certain travellers with disabilities, and certain extremely obese individuals. Today, the Supreme Court of Canada dismissed the appeal (with costs going back to the respondants, i.e. CCD), effectively removing the last option the airlines had for subverting the original CTA decision.

September 4, 2008 (from the Council of Canadians with Disabilities) — Once again the Canadian disability community is up against a transportation Goliath. This time it is the tag team of Air Canada and WestJet. These wealthy corporations are using expensive legal tactics to fight the removal of a significant barrier to the mobility of persons with disabilities. Air Canada and WestJet want to keep charging disabled people, who need additional space to accommodate their disabilities, the price of an extra ticket. The airlines are seeking leave to appeal at the Supreme Court of Canada a Canadian Transportation Agency (CTA) decision which ruled that persons with disabilities, who because of their disability require an additional seat or an attendant to assist them with in flight needs not met by flight attendants, will not have to purchase two fares.

On January 12, 2008, the Canadian Transportation Agency ruled that airlines must provide a second seat (free of charge) to Canadians with disabilities who require it to accommodate their disability, or to provide space for a personal attendant, for those who cannot travel alone. (The full press release can be found here.) On May 14th, the Federal Court of Appeal ruled that it would not entertain an appeal by Westjet and Air Canada.