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Judge: Obesity suit against Air Canada OK

MONTREAL, Dec. 12 (UPI) -- A Quebec judge ruled obese passengers who were charged extra when they flew Air Canada may file a class-action lawsuit against the carrier.

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.

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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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