In Brief
A family vacationing in Canada purchased insurance for their son before a fatal glider accident. The insurer denied the claim, arguing the motorised glider was not a 'standard aircraft' and the deceased was not a 'fare-paying passenger' in an air charter company. The National Commission allowed the claim; the Supreme Court affirmed. Holding that a glider is an aircraft under statutory law and insurance policy; 'standard aircraft' must be construed liberally in favour of the insured where undefined; the glider was duly licensed and registered; the Pemberton Soaring Centre constituted an air charter company offering own-use charters; and the deceased was a fare-paying passenger. The accident fell within policy coverage; the insurer's repudiation was unjustified.",
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