Airlines Must Pay Hearing Costs
Council of Canadians With Disabilities One of Successful Applicants
Regarding its decision allowing disabled persons to travel with a necessary attendant at no extra fare, the Canadian Transportation Agency awards costs to the applicants.
One Person, One Fare Ruling
On January 10, 2008, the Canadian Transportation Agency issued a ruling on the one person, one fare policy. Starting in 2009, Air Canada and its affiliate, Jazz, and WestJet will have to provide certain accommodations for disabled passengers at no additional charge on domestic Canadian flights.
The ruling came after years of proceedings. There were three successful applicants who brought their complaints to the Agency. These were the Estate of Eric Norman, Joanne Neubauer, and the Council of Canadians with Disabilities. In addition, Linday McKay-Panos was recognized as an intervener in the case.
Intervener Standing
In legal cases involving regulatory bodies, such as the Canadian Transportation Agency, sometimes third parties are given intervener (or intervenor) status.
An intervener is someone with an important interest in the case and its outcome. They are not one of the parties to the matter directly, but their interest is something that the board or agency hearing the case thinks should be considered.
Each regulatory body has its own rules of procedure. Within the rules there are usually some provisions about how a person can apply to become an intervener, and what rights an intervener has.
In the present case, Linda McKay-Panos had successfully challenged the airlines on the matter of how they accommodate obese passengers who need more room than the standard seat provides. Ms. McKay-Panos was granted standing as an intervener and participated in the case.
Awards of Costs
Bringing a case to a regulatory tribunal like the Canadian Transportation Agency is not necessarily always expensive, but this particular case was quite costly. It stretched over several years. There were lawyers on all sides, and some very sophisticated expert witnesses were called. All of this costs money that someone has to pay.
The Canadian Transportation Agency has the power to make an award of costs in matters before it.
On February 15, 2008, the Agency issued two cost awards. In each of them, the Agency reviewed the background to the case and discussed what contribution the applicants and the intervener had made to the proceedings.
The result is that the Agency has ordered the respondent airlines to pay the costs of the applicants and the intervener.
Deciding How Much the Costs Will Be
In legal proceedings, there are rules about what costs may properly be charged to the party who is ordered to pay them. The process of figuring out the exact amount of bill is called "taxing". This has nothing to do with income or property tax, it's just another use of the word "tax".
A taxing officer has been appointed to determine how much the airlines have to pay to the four parties.
Appeals
Like other decisions, awards of costs are usually open to appeal. The Canadian Transportation Agency's website indicates that its decisions and orders may be appealed on matters of law or jurisdiction.
