A judge has authorized a class action lawsuit against Air Canada on behalf of obese travelers forced to pay for an extra seat, a law firm announced Monday.
BGA Barristers & Solicitors LLP said in a statement the lawsuit aims to reclaim fees the airlines charged clinically obese passengers for a second seat before Canada's transportation watchdog banned the practice in 2008.
A similar suit targeting its rival WestJet is also reportedly planned. So far no numbers of possible clients have been released, but according to court documents the suit could involve a multi-million dollar claim.
Following complaints, the Canadian Transportation Agency in 2008 ruled the two carriers had breached Canadian case law by charging obese and other disabled passengers accompanied by an attendant for two seats.
It cited a Federal Court of Appeal decision that found "a person who is obese may be (considered) disabled for purposes of air travel if unable to fit in an airline seat."
The class action lawsuit covers fees paid to Air Canada between December 5, 2005 and December 5, 2008, as well as damages.
Not easy travelling long haul...sitting next to a overweight...or clinically obese person.
But should they be penalized for been fat?
I dont think so.