Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Disabled Airline Passengers Class Action Lawsuit Overview:
- Who: A paralympian has lodged a class action lawsuit against a group of Canadian airlines, including Air Canada and WestJet.
- Why: The paralympian and another plaintiff allege the airlines discriminate against the disabled by requiring them to pay more for a second seat on international flights.
- Where: The class action lawsuit was lodged in the BC Supreme Court.
A group of Canadian airlines, including Air Canada, discriminate against people with disabilities by charging them money if they require more than one seat on an international flight, a new class action lawsuit alleges.
Lead plaintiffs Christopher Reaume and Paul Gauthler, a quadripilegic engineer and paralympian, respectively, claim Air Canada, Air Canada Rouge General Partner Inc., Chorus Aviation Inc, Jazz Aviation LP, and WestJet force their disabled customers to pay premium costs if they need more than one seat on international flights, despite the Canadian Transport Agency (CTA) ending the practice for domestic flights back in 2008.
“Class members have no ability to bargain with the defendants over the defendants’ tariffs or pricing policies or contracts,” states the disabled airline passengers class action lawsuit. “The defendants’ fares and contractual terms are a ‘take it or leave it’ proposition, leaving the Class with no alternative but to pay the additional fares to travel by air with the defendants.”
Airline Passengers Pay Hundreds Extra to Fly Air Canada, WestJet, Others
Disabled airline passengers are required by the airlines to fly with an attendant because of their disabilities, which has led to hundreds of dollars of additional airfare for international flights, the class action lawsuit alleges.
The CTA ruled in 2008 that pricing per seat “amounted to undue obstacles to the mobility of people with disabilities,” and was in violation of the Canadian Transportation Act, according to the class action lawsuit.
The decision only applied to domestic flights, however, because international travel took planes out of Canada’s federal transportation network. Attempts to appeal this part of the decision were rejected by both the Supreme Court of Canada and the Federal Court of Appeal, according to the class action lawsuit.
People with disabilities must still pay a higher cost to fly internationally “even though there is no principled bases to distinguish between domestic and international flights,” argues the class action lawsuit.
The plaintiffs are seeking damages for unjust enrichment and an injunction to stop Air Canada, WestJet, and other airlines from continuing the practice, reports Business In Vancouver.
Five Canadian airlines faced a class action lawsuit last year from passengers seeking refunds for tickets they purchased that could no longer be used because of COVID-19 travel advisories put in place by the Canadian government. A judge ultimately ruled that the class action lawsuit was outside the Federal Court’s jurisdiction.
Do you believe airlines are discriminating by charging disabled passengers more for a second seat? Let us know in the comments!
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
3M issues recall for noise-reducing earmuffs due to potential breakage
April 30, 2024 | Product Recalls
2 thoughts onAir Canada, WestJet, Other Airlines Force Disabled Passengers To Pay More, Says Class Action
Why charge more? They didn’t ask to be disabled. They also live on limited income.
Charge them !