Darryl Pankratz

Valid Medical Certificate Required for Coverage

In a recent ruling, the Alberta Court of the Queen’s Bench corrected an earlier decision which found that a pilot’s estate was entitled to insurance coverage for loss of an aircraft, despite the fact that the pilot’s medical certificate had expired.

Nicholas Gudzinski took out an insurance policy (the “policy”) on his Cessna 177B Cardinal. The policy listed Gudzinski as an approved pilot and provided coverage:

“only if your aircraft is flown by an approved pilot … who has the required license or endorsements to fly your aircraft.”

On August 19, 2006, Mr. Gudzinski was killed when he lost control of the aircraft after making a slow-speed pass at a low altitude.  Gudzinski was issued a Canadian private pilot’s …

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May I See Some I.D.?

The Minister of Transport recently announced two new aviation security measures intended to address an immediate threat to aviation security.  The Passenger Identification and Behaviour Observation Interim Order came into effect on January 26, 2011.

Passengers are not to be admitted to a sterile area beyond a screening checkpoint unless they have undergone identity screening.  In the same interim order, the Minister has implemented a pilot project at YVR where the behaviour of  passengers is monitored.

Here’s Looking at You

Previously, passengers were only required to show their boarding passes at security.  Now the screening process will require production of acceptable identification, observation of the passengers’ entire faces to determine if they are 18 years or older and, for those …

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CTA Ruling on Allergies: Buffer Zone Update

In a previous post, we wrote about a January 6, 2010 decision of the Canadian Transportation Agency (CTA) on a complaint by two passengers who claimed to have experienced difficulties relating to peanut and nut allergies when travelling with Air Canada. Although the passengers were found to be persons with a disability, the CTA found that they did not encounter obstacles to their mobility and declined to ban the service of nuts and nut products on aircraft. However, the CTA did find that an appropriate accommodation was to separate the passengers by seating them in an “exclusion or buffer zone”.

 What was not resolved in the decision was the length of time which would constitute reasonable advance notification by …

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Pilot’s Criminal Conviction Overturned

 

R. v. Tayfel, 2007 MBQB 265, 2009 MBCA 124

The Manitoba Court of Appeal has overturned the conviction of a pilot for criminal negligence causing death and bodily harm for a crash landing in downtown Winnipeg, but has upheld a conviction of dangerous operation of an aircraft.  In the circumstances, the court did not consider the pilot’s conduct blameworthy enough to constitute criminal negligence.

 On June 11, 2002, Mark Tayfel was flying a Navajo Chieftain for Keystone Air Service on charter flights to and from a fly-in fishing camp northeast of Winnipeg.

As pilot in command, Mr. Tayfel was responsible for ensuring that there was enough fuel on board.  Mr. Tayfel filed an IFR (Instrument Flight Rules) …

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