Robert J. Fenn

The Transportation Safety Board of Canada appealed an order requiring the production of an aircraft's cockpit voice recorder (CVR) to NAV Canada in the context of civil litigation arising from an airplane crash.

The Board argued the motion judge applied the wrong legal test under s. 28(6) of the Canadian Transportation Accident Investigation and Safety Board Act.

The Court of Appeal dismissed the appeal, finding the motion judge correctly balanced the public interest in the proper administration of justice against the statutory privilege attached to the CVR.

The court upheld the production order, noting the CVR's high relevance and reliability, but reversed a minor order regarding a flight animation that was not properly before the motion judge.

The Association of Ontario Land Surveyors appealed a decision dismissing its application for an order prohibiting the respondents from engaging in the practice of cadastral surveying.

The respondents, who were not licensed under the Surveyors Act, had located existing iron bars, measured distances and angles, and marked property lines for a customer.

The Court of Appeal found that these activities constituted the practice of cadastral surveying and that the respondents had held themselves out as engaging in such practice.

The appeal was allowed, and a prohibition order was granted.

The appellant, a land surveyor, appealed a Divisional Court decision dismissing his application for judicial review.

The issue was whether a member of the Discipline Committee whose term of office expired could continue to participate in a disciplinary hearing that had only heard preliminary motions.

The Court of Appeal held that the hearing had 'commenced' and evidence had been 'heard' through the filing of exhibits, satisfying section 26(11) of the Surveyors Act.

Furthermore, the member had 'participated in a hearing' under section 4.3 of the Statutory Powers Procedure Act.

The appeal was dismissed, allowing the member to continue on the panel.