PPRuNe Forums - View Single Post - Transport Canada Shares Blame For Accident
Old 30th Sep 2010, 23:19
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dhc2widow
 
Join Date: May 2007
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I wish I had more time to respond.

I agree there is plenty of blame to go around, but wasn't everyone on board this aircraft working (or travelling to work at the behest of their employer)?

If that is indeed the case, the only suable party is Transport Canada, thanks to the Meredith Exchange. No employee/employer can sue anyone else who is covered by (provincial) Worker's Compensation, either employee or employer, anywhere in Canada.

The way it was explained to me, even if I had declined my WorksafeBC Pension, I would not have been able to sue, for example, my husband's employer, the air operator or its employees (including the pilot or his estate), the AMO or its employees, a Canadian aircraft or parts manufacturer or its employees, etc. Because my husband was deemed to have been working and was covered by Worker's Comp.

If I had declined my pension, I could, however, have gone after TCCA. But five and a half years ago, when I had to make that decision on the heals of my husband's death, I had no idea the truth of this industry or I would have made a quite different decision.

Further, the "Little Crown" (or Provincial Crown) seldom goes after the "Big Crown" (Federal Crown), so there is little or no chance that WorkSafeBC would go after TCCA for the, say, 1/3 liability (my opinion, reference Wapiti).

You have to try to understand, lawsuits aren't always about money. Sometimes they are about making a point, so that the truth comes out, and people care and government acts.
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