Arch Disability Law Centre - March 24, 2025

MEDIA RELEASE – Victory for Passengers with Disabilities against Air Canada

FOR IMMEDIATE RELEASE

March 24, 2025

In a precedent-setting decision released Friday, the Federal Court of Appeal, in Air Canada v. Timothy Rose et al., upheld a decision ordering Air Canada to accommodate persons with disabilities who use mobility devices. The Court's decision marks a significant turning point in a fight for accessibility that began over eight years ago.

In response to the decision Tim Rose says, “this case was never just about me as an individual or my right to fly to Cleveland. It was about the right of all Canadians with disabilities to access the transportation system on an equal basis with others. I am proud to have been part of this significant change and win for Canadians with disabilities, and I look forward to more barrier free travel in the future”.

The Federal Court of Appeal upheld the Agency's decision that it would not cause Air Canada undue hardship to substitute accessible aircraft when provided with 21 days' notice and when it cannot book a passenger on any other accessible flight. While this accommodation may come with additional costs for Air Canada, the Court emphasized that “the size of Air Canada's enterprise” is relevant in assessing Air Canada's ability to substitute accessible aircraft.

Moreover, the Court held that it was appropriate for the Agency to order Air Canada to report in its accessibility plan under the Accessible Canada Act on how it will factor accessibility for persons with disabilities who use power wheelchairs.

In a hearing that took place on November 26, 2024, ARCH represented Mr. Rose along with Lesli Bisgould of Legal Aid Ontario's Clinic Resource Office to defend the Agency's decision. We want to thank the Clinic Resource Office, and Lesli Bisgould for their expertise and dedication to this important case.

Ilinca Stefan, Staff Lawyer, ARCH Disability Law Centre, says that, “this decision demonstrates the necessary role of the courts to ensure individuals' fundamental rights are protected when large corporations fail to make their services inclusive.”

In 2016, Tim Rose was denied access to an Air Canada flight from Toronto to Cleveland because the aircraft could not accommodate his power wheelchair. On behalf of Mr. Rose, ARCH filed an application to the Canadian Transportation Agency (the Agency), arguing Mr. Rose's right to accessible transportation.

In August 2023, the Agency released a decision ordering Air Canada to make operational changes for services to be more accessible. The Federal Court of Appeal closely reviewed the Agency's analysis, and upheld the Agency's decision.

The decision is available on the Federal Court of Appeal's website in both English and French.

ARCH Disability Law Centre (ARCH) is a specialty legal clinic that practices exclusively in disability rights law. Since its incorporation in 1979, ARCH has been a leader in disability rights advocacy and test case litigation. To learn more about ARCH, please visit ARCH Disability Law Centre

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Contact:

Ilinca Stefan and Gabriel Reznick, Staff Lawyers
ARCH Disability Law Centre
Toll-free: 1-866-482-2724 ext. 2225
Emails: ilinca.stefan@arch.clcj.ca and gabriel.reznick@arch.clcj.ca