The appellant appealed a case management master's order compelling answers to various discovery questions in litigation arising from the crash of a Bombardier Global 5000 aircraft and a subsequent insurance coverage dispute.
The appellant argued the questions were irrelevant because the case turned solely on contractual interpretation of a pilot training clause and also asserted statutory privilege over information related to a Transportation Safety Board investigation.
The court held that the circumstances of the accident, pilot training, and statements provided to the Transportation Safety Board were relevant to issues raised in the pleadings, including whether simulator time satisfied the contractual pilot training requirement.
The court further held the statutory privilege argument was improperly raised for the first time on appeal and, in any event, the public interest in the proper administration of justice outweighed the claimed privilege.
The master's discovery orders were upheld.
