B.C. court certifies wheelchair users’ class action against Air Canada

The B.C. Supreme Court has certified a class-action lawsuit against Air Canada brought by passengers who use wheelchairs and other mobility aids.

Lead plaintiff Rodney Hodgins, who has spastic cerebral palsy, alleges he had to physically drag himself down an aircraft aisle after Air Canada staff did not help him off a flight in 2023.

The court certified the case Tuesday. The class includes Air Canada passengers who travelled between January 2021 and June 2023, required a wheelchair to get to and from an aircraft, and needed assistance with steps and seating.

The lawsuit alleges the airline breached contractual obligations to assist passengers who rely on mobility aids, including by helping them move safely and with dignity. Hodgins alleges Air Canada has a systemic problem and a culture of apathy and indifference toward passengers requiring mobility-related assistance.

Air Canada argued that the Canadian Transportation Agency would be a better forum for Hodgins’ claims. The judge found that process would deprive Hodgins and other class members of the specific remedy they seek and deny them substantive access to justice.