Canada: body height is not a disability

Michael Wukoschitz's picture

Malcolm Johnson filed an application with the Canadian Transportation Agency (CTA) against Air Canada with respect to additional fees charged for economy class seats that afford extra leg room. Mr. Johnson submitted that, due to his height, he could not sit in a “regular seat” without endangering his health due to restricted circulation in his legs from cramped seating.

Mr. Johnson requested that Air Canada eliminate the additional fees charged to persons who, due to their height, need economy class seats that afford extra leg room. In addition, Mr. Johnson asked that Air Canada reimburse him “for all previous flights where [he had to pay] for extra leg room seating”.

The CTA held that Mr. Johnson did not provide evidence to demonstrate either a loss or abnormality in body structure or physiological function associated with his height. Thus CTA found that Mr. Johnson had not met his evidentiary burden of demonstrating the existence of an impairment, which was a pre-requisite to a positive finding of disability.

Full text of CTA Decision No.2-AT-A-2012 of Jan. 3, 2012 in case Malcolm Johnson v. Air Canada available here>>.

 

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