Crab,
The Courts are not responsible for ensuring, or improving, safety in Commercial Air Transport - that is why scope was limited to assessing compliance with the 'Labour Code'. Quite frankly, from the report by 'John R81', the Court appeared to have strayed beyond its area of competence. Once the Courts become involved in assigning blame in aircraft accidents, all legitimate moves towards the establishment of a 'just culture' will go out of the window and the management of safety will based only on compliance with regulations.
Responsibility for establishing the 'cause' of accidents rests with the AIB; the responsibility for the 'process' of safety management and continuous improvement rests with the CAA (Transport Canada); the responsibility for 'managing' safety and establishing a safe culture rests with the operator.
The process of assigning blame merely serves to make the lawyers richer.
Perhaps a legitimate point from your post is that, by making this ruling, the Courts have undermined an attempt by Transport Canada to improve operations with methods other than regulations (e.g. influencing culture).
Jim