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‘Need to hold both airlines and airports to a high standard’: Accessibility advocate calls for federal accountability as new class-action launched

A recent decision by a British Columbia court — to certify a class-action lawsuit against Air Canada after a passenger with cerebral palsy was forced to physically drag himself down an airplane aisle — is now sending shockwaves through the aviation industry.

This class-action lawsuit comes in the wake of the precedent-setting Tim Rose decision: Where the Federal Court of Appeal upheld that Air Canada must substitute aircraft to accommodate power wheelchairs rather than treating these mobility devices as oversized luggage.

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The overall message: Canada’s air travel system is failing travellers with disabilities.

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Where the responsibility actually falls: Airlines vs. airports

One of the central friction points in Canadian air travel is the fragmented division of responsibility between airlines and airport infrastructure.

Under the Canadian Transportation Agency (CTA)’s, Accessible Transportation for Persons with Disabilities Regulations (ATPDR), airlines maintain legal responsibility for passengers and their mobility equipment, including passenger transfers and baggage retrieval.

In practice, however, ground delays are frequently driven by airport-level infrastructure gaps managed by local authorities — such as the Greater Toronto Airports Authority (GTAA) at Toronto Pearson International— and regulated by Transport Canada. When airport operators fail to provide adequate gate elevators, specialized ramps or equipment offloading space, passengers are left stranded on planes for hours.

Accessibility advocate David Fleischer, whose family has faced ongoing accessibility challenges travelling with a wheelchair and has a case currently pending with regulators, says that he and his family have had many good experiences with ground and air crews. “But there are still systemic barriers and places where they cross or overlap that end up interfering with the customer experience when dealing with special needs and disabilities.”

By contrast, many major U.S. hubs benefit from privately managed or modernized infrastructure where airports invest directly in dedicated jetway wheelchair lifts, streamlining the deplaning process significantly regardless of the carrier.

“A class action against one airline does have the potential to force some larger changes, but at the end of the day, what we really need is for the federal government to be more proactive,” Fleischer told Money.ca. “They need to hold both airlines and airports to a high standard for accessibility so there is a seamless experience for travellers.”

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A bureaucratic game of hot potato: Who is responsible?

Money.ca reached out to the three primary bodies overseeing Canadian aviation:

  • The Greater Toronto Airports Authority (GTAA), which operates Canada’s largest hub at Toronto Pearson;
  • The Canadian Transportation Agency (CTA), the independent federal regulator;
  • Transport Canada, the federal ministry overseeing national aviation policy and airport land leases.

The questions probed what proactive steps are being taken to align airport infrastructure standards with airline operations

Response from GTAA

The GTAA — the entity responsible for managing Toronto Pearson, an airport Fleischer specifically highlighted as a major friction point for wheelchair delays — did not respond to the Money.ca request for comment.

Response from The Canadian Transportation Agency

In a detailed response provided to Money.ca, CTA media relations representative Martine Maltais emphasized that “comprehensive and binding regulatory requirements” are already in place across the federal travel network under the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) and Part VII of the Air Transportation Regulations.

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Maltais said that the regulatory framework “covers the entire federal travel journey of persons living with a disability and contains clear requirements for transportation service providers, terminals, Canada Border Services Agency (CBSA), and the Canadian Air Transport Security Authority (CATSA).”

Under these regulations:

  • Airports “are responsible for the equipment they own, such as lifts, ramps or stairs that are used at a terminal for the boarding or disembarkation” and for providing assistance between curbside zones, check-in, and public areas.
  • Airlines are required to assist with check-in, boarding, in-flight transfers, washroom access, and baggage retrieval. “The ATPDR are clear about obligations and responsibilities,” Maltais said. “They require airlines to accept mobility aids as priority baggage; to disassemble, package and reassemble them, if required; and to return them to the person without delay upon arrival.”
  • Joint Care: If a passenger using a wheelchair is waiting in a terminal to depart or transfer, “the personnel must provide the person with a place to wait that is close to members of personnel who are available to provide assistance to the person, and periodically inquire about the person’s needs.”

Maltais highlighted the regulator’s proactive monitoring efforts, pointing to its Accompanied Accessibility Inspection Program, through which Designated Enforcement Officers (DEO) accompany persons living with a disability throughout their journey.

“One of the many areas evaluated during air travel is the transition between airlines and terminal operators, and vice versa, where inspectors assess whether passengers with disabilities who rely on mobility aids receive appropriate assistance to continue their journey without delay,” Maltais said.

Maltais also pointed to the regulator’s authority to issue Administrative Monetary Penalties up to $250,000 by violation, as well as its power to award compensation for pain and suffering or willful violations when handling formal accessibility complaints.

To reduce damage to mobility devices in transit, Maltais noted the agency co-developed a specialized job aid and sticker system alongside Transport Canada and the National Research Council, featuring “a training (step by step) refresher card that supports the baggage handlers to safely secure mobility aids into the cargo hold.”

Response from Transport Canada

The initial comment from Transport Canada was simple: “Please redirect your request to the Canadian Transportation Agency if you haven’t done so already, as they are responsible for the regulations governing accessible transportation.”

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After pointing out the CTA handles administrative complaints and regulatory enforcement, but Transport Canada holds ultimate oversight over federal aviation policy, the National Airports System and public airport land lease frameworks — Transport Canada issued an additional formal response that acknowledged to Money.ca that despite existing regulatory frameworks, severe breakdowns remain common.

“Improving the passenger experience for the travelling public by enhancing accessibility and reducing other barriers for passengers is a priority for Transport Canada,” said Hicham Ayoun, senior communications advisor for Transport Canada. Ayoun also acknowledged that Transport Canada oversees Canada’s accessible transportation framework, which establishes responsibilities for airport operators and air carriers.

“The Government of Canada recognizes that despite significant regulatory efforts, barriers may still exist, particularly in air travel, where challenges like mobility aid damage and inconsistent assistance are prevalent,” Ayoun stated.

The department highlighted several policy initiatives aimed at addressing these gaps, pointing to its inaugural National Air Accessibility Summit in 2024, which brought together industry stakeholders, disability advocates and Indigenous partners. Early outcomes from these talks include airlines adopting a standardized medical intake form and ongoing federal work to develop specialized tools for onboard postural support and wheelchair functionality.

Transport Canada also noted that it is working alongside the International Civil Aviation Organization (ICAO) to “strengthen and harmonize accessibility standards and practices across the entire air-travel journey,” referencing its 2026-2027 Departmental Plan for broader infrastructure modernization goals.

Here’s the real rub for disability advocates

For accessibility advocates, the initial brush-off from federal authorities to comment on these ongoing issues illustrates the systemic barrier travellers with disabilities face every day.

When a wheelchair is damaged, or when a passenger is stranded on a tarmac because a gate bridge lacks a lift or an elevator is out of service, airlines, airports and federal departments frequently point fingers at each other, leaving travellers caught in a jurisdictional vacuum.

Fighting on two fronts for accountability

For Canadians watching legal actions unfold and wondering how to hold the system accountable, experts and advocates emphasize that administrative remedies and litigation are complementary tools in a much larger struggle.

There is a growing movement recognizing that power wheelchairs and specialized mobility aids are not merely baggage — they are vital extensions of the people who use them. While CTA complaint processes and court rulings offer avenues for direct compensation and specific redress, long-term policy shifts require public and political pressure.

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Canadians facing accessibility failures can consult the CTA’s guide on travelling with mobility aids to understand their rights, pursue dispute resolution through the CTA tribunal or join class-action proceedings where applicable. Simultaneously, advocates stress the importance of engaging with political representatives, including Canada’s Chief Accessibility Officer — a position created in 2022 to advise the federal government on systemic barriers — and local Members of Parliament.

“If our government was being more proactive in ensuring travel is more accessible, ordinary Canadians wouldn’t have to become activists demanding what is right and fair,” Fleischer said. “But until we see more of that, we have to keep fighting on both fronts.”

A system changed one lawsuit at a time

While federal departments point to summits, inspection programs and international committees, critics note that meaningful progress in Canadian air travel continues to be forced from the bottom up — through exhausting court battles waged by ordinary citizens.

From Tim Rose’s eight-year legal battle to secure the right to fly with his custom power wheelchair, to Rodney Hodgins’ certified class-action lawsuit representing thousands of mobility aid users, Canadians with disabilities are increasingly taking major airlines to court to demand basic dignity.

The total silence from major airport operators like the GTAA, combined with the federal government’s initial instinct to pass the buck between ministries and regulators, sends a clear message to the travelling public: Until federal policy mandates strict, synchronized accountability for both airports and airlines at the infrastructure level, barrier-free travel in Canada remains an uphill battle.

As Fleisher confesses: “Travelling with a wheelchair, even when it works out okay, is always a stressful experience. You always have your fingers crossed and hold your breath until it’s over.”

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Leslie Kennedy Senior Content Manager

Leslie Kennedy served as an editor at Thomson Reuters and for Star Media Group, followed by a number of years as a writer and editor and content manager in marketing communications, before returning to her editorial roots. She is a graduate of Humber College’s post-graduate journalism program and has been a professional writer and editor ever since.

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