Following an application made by a passenger who had an allergic reaction to a dog on an airplane, the Canadian Transportation Agency ordered Air Canada to develop and implement specific policies and procedures necessary to accommodate persons with dog allergies who are traveling on its airplanes. Air Canada appealed the Agency’s decision on the basis that it was denied procedural fairness. The court found that Air Canada was denied procedural fairness in that the Agency refused to consider its submissions on a number of crucial issues. The matter was returned to the Agency for reconsideration.

24. February 2015 0
Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Human rights complaints – Disability – Duty to accommodate – Policies – Judicial review – Procedural requirements and fairness – Evidence Air Canada v. Greenglass, [2014] F.C.J. No. 1286, 2014 FCA 288, Federal Court of Appeal, December 9, 2014, Nadon, Gauthier and Scott ...

The Court restored the Canadian Transportation Agency’s decision to order Via to implement remedial measures with respect to certain of its railway cars that were inaccessible to persons with disabilities using personal wheelchairs. The Agency had approached and applied its mandate reasonably and its decision was entitled to extreme deference. Via’s right to procedural fairness had not been breached.

Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Accessibility standards – Human rights complaints – Disability – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness – Standard of review – Patent unreasonableness Council of Canadians with Disabilities v. Via Rail Canada Inc., [2007] S.C.J. No. 15, Supreme Court ...

VIA Rail succeeded in appealing a finding of the Canadian Transport Agency (the “Agency”) that the VIA Rail meal distribution policy constituted an undue obstacle to the mobility of a passenger who used an electric wheelchair (“Sikand”)

28. March 2006 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Canadian Transportation Agency – Obstacle to the mobility of a passenger – Discrimination – Judicial review – Jurisdiction of tribunal – Statutory interpretation – Compliance with legislation – Standard of review – Correctness Via Rail Canada Inc. v. Canada (Canadian Transportation ...