The Canadian Federal Court of Appeal recently considered the matter of whether obesity is a disability in McKay-Panos v. Air Canada, [2006] F.C.J. No. 28. The case is an appeal from a decision of the Canadian Transportation Agency which held that obesity was not a disability for the purpose of the Part V of the Canada Transportation Act.

To cut a long story short, the Federal Court of Appeal has set aside the original decision and referred the matter back to the tribunal to rehear aspects of the case.