Is Sikorsky permitted to request that a document from the Civil Aviation Safety Board be produced under statutory privilege?
British Columbia, Canada
The following excerpt is from Hayes Heli-Log Services Limited v. Acro-Aerospace Inc., 2006 BCSC 61 (CanLII):
The applicants say that the burden of establishing a statutory privilege is on the party seeking to invoke it, and that Sikorsky has failed to demonstrate that the communication was made in strict compliance with the Act. The specific statutory privilege, they say, is solely to enable the CTSB to achieve its objectives and the specific policy goal trumps the general principle that all relevant documentation must be produced. However, in order to attract the statutory privilege, submissions by interested parties must be channelled through the CTSB: Chernetz v. Eagle Copters Ltd., [2004] 9 W.W.R. 325, 2003 ABQB 331.
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