Decision No. 665-AT-A-2006
December 4, 2006
IN THE MATTER OF Decision No. 127-AT-A-2002 dated March 20, 2002 - Melvyn Martin vs Air Canada.
File No. U3570/00-65
In its Decision No. 127-AT-A-2002 dated March 20, 2002 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Melvyn Martin, on behalf of himself, Corinne Mandseth, Linda MacMullen and Adina Monson, regarding the seating assignment and the level of service, including wheelchair assistance and baggage assistance, provided to them by Air Canada while travelling between Comox, British Columbia and Toronto, Ontario via Vancouver on July 25 and 30, 2000, as well as damage caused to Corinne Mandseth's mobility aid.
The Agency found that the delay in providing in providing wheelchair assistance to the applicants at the Toronto airport on July 25, 2000 and at Vancouver airport on July 30, 2000, and the failure by Air Canada's personnel to provide or arrange for baggage assistance for the applicants on July 25, 2000 constituted undue obstacles to the applicants' mobility. The Agency also found that both the damage caused to Corinne Mandseth's walker and Air Canada's handling of the damage claim were undue obstacles to her mobility. As such, the Agency directed Air Canada to take corrective measures and indicated that following its review of the required information it would determine whether further action is required in this matter. The required corrective measures are as follows:
- Submit a report on the corrective measures taken by Air Canada to ensure that its employees in Toronto and Vancouver are aware of the situation described in the Decision to avoid the recurrence of such incidents.
- Submit the training records of Air Canada's employees in Toronto and Vancouver who interacted with the applicants on July 25 and 30, 2000. Include records of refresher courses taken since that time.
- Submit a report on the measures taken to ensure that employees at the Comox airport are made aware of their responsibilities to passengers whose mobility aids were damaged while being transported by Air Canada as well as measures taken to ensure that passengers are able to file claims for damaged mobility aids at the airport.
- Submit the training records of the employees in Comox who interacted with the applicants on July 30, 2000. Include records of refresher courses taken since that time.
On May 1, 2006, Air Canada filed its response to the Decision.
Conclusion
The Agency notes that Air Canada has explained that it no longer operates to Comox, and is therefore unable to respond to the corrective measures involving this city. The Agency therefore finds that corrective measures related to the Comox airport, as set out in corrective measures 3 and 4 in the Decision, are now moot. The Agency therefore does not contemplate any further measures in this regard.
The Agency notes that although Air Canada has stated that training records for 2000 are no longer available, it has ensured that all current personnel in Toronto and Vancouver is properly trained and that refresher training is provided every two years.
With respect to the remaining corrective measure, the Agency has considered Air Canada's response and the measures taken in response to the Decision and is satisfied that Air Canada has met the requirements of the Decision. As such, no further action is necessary in this matter.
Members
- George Proud
- Beaton Tulk
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