12/12/2011 10:58 EST | Updated 02/11/2012 05:12 EST

Air Canada Obesity Class Action Lawsuit Given Green Light By Quebec Judge


A Quebec judge has authorized a class action lawsuit against Air Canada on behalf of obese travellers who had to pay extra because of their disability during a three-year period ending in December 2008.

The Montreal law firm BGA Barristers & Solicitors LLP announced the ruling on Monday. David Bourgoin, a lawyer with the firm, said a similar suit against WestJet was thrown out because of a technicality, but the firm has about 30 days to fix the problem and continue the case against WestJet.

The case against Air Canada is aimed at reclaiming fees the airline charged obese passengers for a second seat or a seat for an attendant before a tribunal and court ruling outlawed the practice.

In January 2008, the Canadian Transportation Agency ruled that Canada's major air carriers