Athabaska Airways Ltd. v. Canada
T-3631-78
Simpson J.
6/12/94
10 pp.
Motion to strike out prior to trial evidence in reports filed by defendant -- Crash of small plane owned by plaintiff-Immediate cause of crash pilot's loss of control in storm cloud-Reports tendered by Crown raising four issues: hearsay, confidentiality, improper opinion evidence, admissibility of accident reports -- Crown expert's statement about pilot's attitude hearsay evidence, based on information obtained from those interviewed -- No independent proof -- Issue still one of weight-Expert evidence not prima facie inadmissible -- Hearsay evidence to be excluded before trial only if absolutely clear could bear no weight -- Evidence not excluded before trial -- Whether information provided to Crown in course of accident investigation confidential-Confidential information cannot be used to injure -- Crown intending to use information as shield in action initiated by party claiming confidence -- Not clear whether breach of confidence -- Long accident report containing as appendix calculation of aircraft's weight -- Matter of opinion evidence cannot be resolved on motion-Insufficient evidence -- Trial Judge must hear from investigator who prepared calculations -- Accident reports admissible under public documents exception to hearsay rule -- No basis to exclude them before trial -- None of issues raised by plaintiff clear enough to justify ruling before trial impugned evidence inadmissible -- Motion dismissed.