Monthly Archives: May 2010

CTA Ruling: Is a Seafood Allergy a “Disability”?

In the most recent of a series of decisions (see here, here and here) determining whether allergies constitute a disability that must be accommodated by Canadian air carriers, the Canadian Transportation Agency (the “CTA”) released a decision yesterday considering whether Air Canada’s policy of serving seafood and fish on its flights constituted an undue obstacle to a passenger’s mobility (click here for the full text of the decision).

This latest ruling confirms the CTA’s practice of analyzing each allergy complaint on a case-by-case basis and illustrates the difficulties faced by air carriers when trying to decide whether a passenger’s description of an allergy constitutes a disability that must be accommodated.

The passenger claimed that she had a life …

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