Decision No. 409-AT-A-2011

November 17, 2011

APPLICATION by Dave Lofranco against Air Canada.

File No.: 
U3570/11-50186

On June 13, 2011, Dave Lofranco filed an application with the Canadian Transportation Agency (Agency) against Air Canada regarding difficulties he experienced as a result of his allergy to peanuts on Air Canada Flight No. 1038 from Denver, Colorado, United States of America to Toronto, Ontario, Canada.

In a letter dated August 2, 2011, the Agency advised Mr. Lofranco that it had already investigated other applications against Air Canada relating to the carrier’s accommodation of persons with peanut and nut allergies. The Agency also referred Mr. Lofranco to its Decision No. 228‑AT‑A‑2011 (Decision) which sets out the Agency’s final determination of the appropriate accommodation to be provided by Air Canada to persons whose allergies to peanuts or nuts result in a disability for the purposes of air travel.

In this context, the Agency provided Mr. Lofranco with an opportunity to file evidence which would support his position that the appropriate accommodation set out in the Decision does not address his disability-related needs.

While Mr. Lofranco filed a letter from his physician indicating that he has an allergy, Mr. Lofranco did not provide any evidence that would indicate that the accommodation set out in the Decision would not meet his disability-related needs.

The Agency therefore dismisses Mr. Lofranco’s application.

Member(s)

Geoffrey C. Hare
J. Mark MacKeigan
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