Obese passengers who had to pay extra for an additional seat to accommodate their size between 2005 and 2008, may now take part in a class law suit against Air Canada who imposed the tariff. The Canadian Supreme Court ruled in 2008 that passengers who were disabled by their obesity should have the right to two seats for the price of one on domestic Canadian flights. Those who were charged extra prior to the ruling may now sue.
According to
CBC lawyers said that the class action would be launched on behalf of "all persons domiciled in Canada who are disabled or recognized as having a functional disability by reason of their obesity who had to pay additional fees to Air Canada for the seat of an attendant and/or for a seat adapted to their condition on a domestic flight operated by Air Canada or by another carrier on its behalf between December 5, 2005 and December 5, 2008."
The ruling does not cover all obese people who flew with the airline but is restricted to those whose obesity is classed as a disability.
By providing an extra free seat to the obese, situations such as that endured by Arthur Berkowitz in November are avoided.
Travel AOL reported that Berkowitz was forced to stand for the duration of a seven hour flight as a 400 pound man in the next seat was effectively invading half of his seat. However others are critical of the Canadian Supreme Court's ruling, believing that those passengers whom require two seats should pay for them.
When the "one person one fare" policy was first implemented on Canadian flights, both Air Canada and West-Jet introduced paperwork requiring the passenger to provide medical evidence their obesity was in fact disabling, according to
Hole in the Donut. This was to avoid the inevitable abuse inherent in a policy that allowed passengers of a certain size to claim an extra seat at no expense.
