David Bourgoin, a lawyer with the Montreal law firm BGA Barristers & Solicitors, announced the ruling Monday saying the case is aimed at reclaiming fees Air Canada charged allegedly obese travelers passengers for a second seat or a seat for an attendant for a three-year time span ending in December 2008, the Canadian Broadcasting Corp. reported.
The practice was outlawed in January 2008 by the Canadian Transportation Agency that mandated Canada's major air carriers offer a single fare to persons with disabilities, including the severely obese, who need a two-seat accommodation, the CBC said.
The ruling also said disabled people traveling with medical attendants seated next to them did not have to pay for an extra seat.
A similar case against the airline WestJet was disallowed because the plaintiff who represented the class did not qualify as a member of the class. The BGA law firm has 30 days to find a qualified representative or the case will expire, Bourgoin said.
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