Air Canada and WestJet had appealed a Canadian Transportation Agency order in January to make room for attendants traveling with and assisting a disabled passenger.

However, the high court refused to hear the case and issued no reasons, the Canwest News Service reported.

The case's origins were in two lawsuits filed against airlines in 2002 by two disabled people from opposite ends of the country.

The transport agency said in January the new policy would cost Air Canada $7.1 million annually and WestJet an extra $1.5 million although the airlines argued on appeal it would be higher because the policy would be abused, the report said.

At the time of the January ruling, the transport agency said it would help develop a "common screening approach," particularly in how to determine if a morbidly obese person was in fact disabled. The agency said airlines should provide two seats to those who "cannot lower the armrest of the seat assigned safely and with dignity."