Monthly Archives: May 2014

UK Accident Investigation Reports Admissible in Legal Proceedings — What about Canada?

An influential decision arising out of the English Court of Appeal has affirmed an earlier ruling in Rogers v. Hoyle (click here),which held that reports produced by the Air Accidents Investigation Branch (“AAIB”), of the UK’s Department for Transport, are admissible as evidence in civil proceedings.

The case involved a wrongful death claim arising out of an aircraft accident. The claimants alleged negligence on the part of the defendant pilot and sought to rely on the AAIB report for both the factual and expert evidence it contained. In response, the defendant sought a declaration that the report was inadmissible.

The main question for consideration in the case was whether the AAIB report had to be excluded as a

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