The Supreme Court of Canada today agreed to CCD’s application for leave to appeal the VIA Rail decision. The Supreme Court stated ” The application for leave to appeal is granted with costs to the Applicant in any event of the cause.” The Supreme Court by this decision has shown its concern for the equality of Canadians with disabilities. Its granting of costs related to our application for leave, regardless of the outcome of the appeal, is quite exceptional. CCD will seek at the Supreme Court of Canada to ensure that a sustantive theory of equality is understood and that the duty to accommodate Canadians with disabilities is stated in a rigorous and proactive manner. This case is of fundamental importance to Canadians with disabilities and all equality seekers in that the Federal Court of Appeal decision undermines the substantive gains made in the Meorin and Grismer cases. CCD encourages other equality seeking organizations, particularly non-disabiltiy specific groups, to consider intervening in this appeal.