In a previous post, we reported the decision of Justice Strathy of the Ontario Superior Court requiring production by the TSB of the cockpit voice recording taken from the Air France A340 which crashed at Toronto Airport on August 2, 2005.
That decision was appealed by the TSB to the Court of Appeal for Ontario which recently dismissed the appeal and confirmed the decision of Justice Strathy. Click here for the Court’s ruling.
In its appeal, the TSB argued that the motion judge had failed to apply the proper legal test set out in Section 28(6) of the Canadian Transportation Accident Investigation and Safety Board Act (the “Act”) for determining whether production of the CVR should be ordered. …Keep reading