B.C. Supreme Court judge orders Air Canada to turn over report of baggage accident to former passenger

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      After Deborah Phyllis Maureen Smith settled in her seat on a plane from Vancouver to Toronto in 2012, something unexpected happened.

      According to a lawsuit she's filed against Air Canada, a bag allegedly fell on her. This supposedly occurred after a passenger didn't properly store it in the overhead compartment.

      However when Smith sought the incident report filed by an Air Canada employee, the airline refused to give it to her.

      Then after Smith obtained a master's order in B.C. Supreme Court in April, Smith still couldn't get a copy of the report. That's because Air Canda had filed an appeal.

      The airline continued to claim that the document was privileged because it was prepared in anticipation of future litigation.

      In a ruling recently posted on the B.C. Supreme Court website, Air Canada has once again been ordered to turn over the incident report.

      "I do not accept that the document is privileged because of the vulnerability of Air Canada to litigation claims from its passengers," said Justice Miriam Gropper in her oral reasons for judgment, which were delivered on July 23.

      Gropper acknowledged in her decision that the claims department exists within the airline's law department, but incident reports are only forwarded to legal counsel after litigation has commenced.

      "This too does not establish that the document was prepared in contemplation of litigation," Gropper ruled.

      Smith was also awarded costs.

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