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Interlocutory Decisions : 2001

2001-01-11

LET-AT-A-12-2001

File No. U3570/00-41

This is further to the attached letter from Air Canada dated November 3, 2000, with which it provided to the Canadian Transportation Agency (the Agency) a copy of the complaint Ms. Ducharme has also filed with the Canadian Human Rights Commission. In addition, Air Canada made a statement in this submission with respect to the jurisdiction of the Agency to order compensation. The Agency would like to offer a point of clarification in this regard.

With respect to Ms. Ducharme's allegations of physical or psychological injury, Air Canada submits that a request for compensation for these damages is not within the Agency's purview as "the only monetary payment that the Agency could order the airline to pay the passenger consists of the reimbursement of expenses or of fares or charges levied in contravention to the applicable tariffs". However, subsection 172(3) of the Canada Transportation Act (the CTA) provides as follows:

On determining that there is an undue obstacle to the mobility of persons with disabilities, the Agency may require the taking of appropriate corrective measures or direct that compensation be paid for any expense incurred by a person with a disability arising out of the undue obstacle, or both.

Thus, in those instances when the Agency finds that there is an undue obstacle to the mobility of persons with disabilities, it is then empowered by subsection 172(3) of the CTA to determine whether any expense incurred by that person as a result of the undue obstacle should be reimbursed by the carrier or other transportation service provider that caused the undue obstacle. Accordingly, the Agency has ordered that compensation be paid for a broad range of expenses incurred by persons with disabilities including long distance telephone charges; transportation and other travel costs; special equipment purchases; medical professional and caregiver services; and wheelchair storage, repair and temporary or permanent replacement. However the Agency has determined in the past that it does not have the jurisdiction to award general damages for pain, suffering, stress, humiliation and the like.

The Agency notes that, in Ms. Ducharme's case, Air Canada has provided her with the instructions to follow should she choose to lodge a claim to seek the recovery of damages for physical or psychological injury.

With respect to the statutory deadline in Ms. Ducharme's case, both parties have agreed to an additional extension of the 120-day statutory deadline set out in subsection 29(1) of the Canada Transportation Act for the rendering of an Agency decision. A copy of the correspondence filed with the Agency reflecting this agreement is attached for your information. Accordingly, the Agency decision into the matter will be issued no later than March 12, 2001.