CBC Reports on Air Fare Appeal

Posted by
Jill Browne
May 14, 2008

OK, here is where my own research skills either shine or fail! I need help with this one.

The CBC (Canadian Broadcasting Corporation) said yesterday that the Federal Court of Appeal has upheld the earlier decision of the Canadian Transportation Agency on the matter of "one person, one fare".

This is a policy that would require the Canadian airlines Air Canada, Jazz and WestJet to allow persons who are severely disabled to be accompanied by an attendant on domestic Canadian flights at no additional cost. The policy also permits persons who are extremely obese to be accommodated in a way that has yet to be worked out.

I have written about the decision before in these pieces:

Here's my problem. The airlines have apparently asked for leave to appeal. The application for leave is referred to in a decision of the Federal Court Appeal, 2008 FCA 169.

CBC reported that the appeal had been dealt with and that the airlines had lost. The story was broadcast May 13, 2008 and is also on CBC's website. The external link CBC provides leads to a decision (again, decision 2008 FCA 169 of the Federal Court of Appeal). This decision is only about a procedural matter.

I have emailed the CBC and the Federal Court of Appeal requesting further information.

UPDATE: Found it!

It wasn't easy. The Court dismissed the airlines' application for leave to appeal, and did not issue a written decision. The record showing that the application for leave was dismissed is found on this page at item 38.

Yes, I am a nitpicker sometimes.

I thank the staff person at the Federal Court of Appeal who advised that the application had been dismissed by an Order without reasons.