Obese woman loses airline seat fight

The Canadian Transportation Agency says a woman who complained about Air Canada making her pay extra because she was obese has no case.

Two of three members on an agency panel dismissed the complaint launched by Calgary law professor Linda McKay-Panos.

Wednesday's ruling found McKay-Panos can physically get to airports, check her luggage, get to security points in airports and reach the boarding gate, "like the majority of Canadians."

Most of her complaints related to the seat itself, which "is irrelevant to the question of whether she has a disability," the agency said.

The CTA found that being uncomfortable in an airplane seat doesn't prove a person has a disability because "many people experience discomfort in the seat."

The dissenter said accessing the seat "is crucial for any person travelling by air."

• FROM DEC. 13, 2002: Obesity can be a disability: air travel ruling

In an earlier ruling responding to a complaint by McKay-Panos, the CTA concluded obesity is not routinely a disability, but there may be individuals whose obesity constitutes a disability.

Air Canada sells obese passengers a second seat for half of the full economy fare within North America.