Air Canada tells Toronto man his wheelchair is too big to fly

A Toronto man is accusing Air Canada of discrimination after the airline told himhe can't take theflight he has booked to Clevelandnext monthbecause his wheelchair istoo tall to fit on the plane.

Tim Rose has cerebral palsy. He works as a disability consultant, and often has to travel for business.But when he was following up on theflight with Air Canada on Sunday, Rose says airline staff told him he wouldn't be able to bring his motorizedwheelchair.

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Rose says his wheelchair is a standard size, standing just under a metre, but the airline says the door to the cargo hold on the aircraft that is scheduled to make the Cleveland flight is about 13 centimetresshorter.

"I've travelled around 40, 50 times on planes in my life" said Rose, adding that he has never been turned away by an airline.

Rose says Air Canada staff told him his wheelchair counted as "oversized luggage" and it would not fit on the plane.

"I told them it was discrimination," said Rose. "And they said, 'No it's not, it's the same thing as if you had an oversized bag. If it doesn'tfit, it doesn't fit.'

"Essentially what they're saying is that my wheelchair, which is a part of my body, it's a part of my dignity, it's a part of my independence, is a bag ... I am not an oversized bag."

The Canadian Transportation Agency says that transportationservice providers must "ensure that persons with disabilities haveequal access to federal transportation services" and accommodatepeople with disabilities up to the point of "undue hardship."

It's unclear, however, whether that applies to Rose's case. Theagency, a quasi-judicial tribunal mandated to ensure that Canada'snational transportation system is accessible to everybody, has notweighed in.

Rosesaidthat while there are laws protecting the rights of people withdisabilities, this situation is a bit murky because Canadian lawsdon't explicitly mention mobility devices.

Rose said that since he posted about his situation on social media, all the airline has done to get in touch with him is postpublicly on Facebook.

Air Canada offering alternatives

The airline says ithasoffered Rose twooptions: he can either take a connecting flight on a plane that can accommodate his wheelchair or he can be flown out separately, so his wheelchair is transported on a different flight.

But Rose says these offers haven't been made to him. And hesaid that taking a connecting flight isn't a good option forhim anyway because he also has a service dog, and transferringbetween planes takes extra time for him. In this case, he said itwould be quicker for him to get a ride to Cleveland rather than takea flight with a layover.

An Air Canada representative has also said that the airline islooking at doing tests to see if there's any way Rose's wheelchaircould be made to fit through the cargo door without causing damage.

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"I don't think Air Canada should be running any planes that cannot accommodate average-size mobility devices," Rosesaid.

"Air Canada has a duty to service all passengers."

Air Canada says it regrets the situation but that it is limited by the type of aircraft flown on the Toronto to Cleveland route.

"Air Canada carries thousands of customers with wheelchairs each year and we have extensive policies and procedures in place to accommodate customers with all kinds of disabilities," said Air Canada spokesman Peter Fitzpatrick in an email to CBC News.

"We are in contact with the customer and continue to review this matter and if we cannot find a satisfactory resolution we will provide a full refund," he said.