Supreme Court orders 2nd look at complaint about airline bumping.
Canadian Transportation Agency had refused to investigate 2014 Gabor Lukacs's complaint because he isn't obese
The Supreme Court of Canada has ordered the Canadian Transportation Agency (CTA) to take another look at a complaint about how Delta Air Lines deals with obese passengers.The complaint was filed by Halifax-based passenger rights advocate Gabor Lukacs.
In 2014, Gabor Lukacs complained to the agency that Delta was in the habit of bumping larger passengers from full flights in the hopes they would buy a second seat.
Lukacs filed the complaint after obtaining an email in which a Delta representative responded to a customer concerned about a fellow passenger who needed additional space on the plane.
The transportation agency refused to investigate because Lukacs is not obese, saying he was not affected by the allegations.
In September 2016, the Federal Court of Appeal overruled the agency and said it had not followed the CTA when it dismissed Lukacs's complaint.
Lukacs claims bumping obese or disabled passengers is "inhumane," and contradicts Canada's one-person, one-fare policy introduced in 2008.
The rule requires airlines to cover costs on domestic flights for people with disabilities who are accompanied by an attendant or need additional seating.
In ordering the CTA to take another look at Lukacs's complaint, the Supreme Court also amended the ruling from the Federal Court of Appeal. The lower court had instructed the agency to only look at the merits of the complaint.
The Supreme Court said the agency is still free to consider whether Lukacs should have standing to make the complaint.
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