NAV Canada, responsible for air traffic control, demands access to the cockpit voice recorder transcript of the Air France Airbus accident at Toronto in 2005. They claim to need the transcript to defend itself against a $200 million lawsuit brought by Air France.
In February 2005 an Air France Airbus A340 overran the runway on landing at Toronto-Pearson International Airport, ON (YYZ) in severe weather. The plane burst into flames, but all on board got out and no one was killed.
Air France and its insurers are suing NAV Canada, the Greater Toronto Airports Authority and the Attorney General of Canada, representing the federal environment and transportation departments, for loss of the plane and indemnity for all losses. NAV Canada alleges the pilots were negligent and needs the transcript to make its case.
The Toronto Star reports that the case is coming before the Ontario Court of Appeal. The newspaper reports that cvr transcripts are protected by Canadian federal legislation. A court, however, can order the transcripts to be disclosed to litigants when there is an overriding public interest.