A memorial at the site of the fatal bus crash involving the Humboldt Broncos hockey team stands at the intersection of highways 35 and 335 near Tisdale, Sask., on Tuesday, Oct. 27, 2020. Lawyers for the Saskatchewan government are to be in court today to ask that the province be removed from a lawsuit over the crash. THE CANADIAN PRESS/Liam Richards

A memorial at the site of the fatal bus crash involving the Humboldt Broncos hockey team stands at the intersection of highways 35 and 335 near Tisdale, Sask., on Tuesday, Oct. 27, 2020. Lawyers for the Saskatchewan government are to be in court today to ask that the province be removed from a lawsuit over the crash. THE CANADIAN PRESS/Liam Richards

Court hears about other claims: Hearing over Broncos lawsuit adjourned

Court heard there are 11 lawsuits in Saskatchewan and Alberta that involve the crash

A judge has delayed a hearing on a lawsuit stemming from the deadly Humboldt Broncos bus crash after lawyers for a proposed class action argued they should be involved.

Sixteen people were killed and 13 others were injured when the driver of a semi-truck blew through a stop sign and into the path of a bus carrying players and staff from the junior hockey team in April 2018.

Lawyers for the Saskatchewan government argued in court Wednesday that, because of the province’s no-fault insurance, it should be struck as a defendant from the lawsuit filed by families of four players and a former assistant coach who died in the crash.

The claim alleges the province failed to act on improving the rural intersection, despite a deadly crash at the same site years earlier. It also names Jaskirat Singh Sidhu, the inexperienced truck driver who caused the crash, and the Calgary-based company that employed him.

Court of Queen’s Bench Justice Donald Layh adjourned the hearing until January, after lawyers with the proposed class action said they weren’t informed of the province’s application until recently.

“I take particular notice of the grief that those parents have gone through and to foreclose their opportunity to speak to or make a decision that affects their rights seems to me … would be a miscarriage of justice,” the judge said.

He said there’s hypersensitivity around the collision and what the Broncos families have experienced. The crash stands as a tragedy for the entire province, he added.

Court heard there are 11 lawsuits in Saskatchewan and Alberta that involve the crash.

Carol and Lyle Brons are listed as representative plaintiffs in the class action, which also names the Saskatchewan government. The couple’s 24-year-old daughter, Dayna Brons of Lake Lenore, Sask., was the team’s athletic therapist and was killed.

The website of Vancouver-based law firm Rice Harbut Elliott LLP says potential members in the class action could also include survivors of the crash, families who billeted hockey players and first responders.

Its lawyers told court Wednesday that a decision about whether the provincial government is struck from the one lawsuit affects other legal actions.

They suggested the issue be heard as part of the class action’s certification process.

Regina lawyer Kevin Mellor represents those involved in the lawsuit that was the subject of Wednesday’s hearing. They are the families of Adam Herold, 16, of Monmartre, Sask.; Jaxon Joseph, 20, of St. Albert, Alta.; Logan Hunter, 18, also of St. Albert; Jacob Leicht, 19, of Humboldt; and Mark Cross, 27, from Strasbourg, Sask.

They do not want to be part of the class action and have been waiting two years for their matter to be heard, Mellor said. Some of the other lawsuits were filed much later, he added.

“Justice delayed is justice denied,” he said outside court.

“My clients are anxious to get this part of their life behind them.”

Mellor said his clients believe the government is responsible for not making sure there were proper sightlines at the rural intersection north of Tisdale, Sask., where the crash happened.

In a statement, Saskatchewan’s Ministry of Highways said a safety review was done following the crash and workers installed rumble strips last fall.

Spokesman Doug Wakabayashi said power lines are to be relocated and trees removed next year.

READ MORE: Truck driver responsible for Humboldt Broncos crash seeks to stay in Canada

Stephanie Taylor, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Humboldt Broncos

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

Youth Climate Corps members April Gariepy, Summer Monkman and Linn Murray at work in West Arm Provincial Park, fall 2020. Photo: Submitted
Youth Climate Corps members April Gariepy, Summer Monkman and Linn Murray at work in West Arm Provincial Park. fall 2020. Photo submitted
VIDEO: Kootenay youth climate group works to protect Nelson’s water supply

Youth Climate Corps members spent five weeks thinning forest in West Arm Park

Interior Health has set up a drive-thru COVID-19 testing site in Castlegar. Photo: Betsy Kline
Castlegar doctors and mayor urge residents to take COVID-19 seriously as cases are confirmed in the city

“Your doctors would like you to understand we do now have Covid cases here”

A Midway RCMP officer and a Grand Forks Search and Rescue volunteer ready a tarpaulin-wrapped burglary suspect for an airlift by a military helicopter Tuesday, Dec. 1. Photo courtesy of Grand Forks Search and Rescue
Grand Forks, Okanagan search and rescue teams helped RCMP at Bridesville airlift

Twelve volunteers provided frontline assistance, according to Grand Forks Search and Rescue

Boundary Community Food Bank President Mike Wakelin thanked Grand Forks’ first-responders and city employees who donated food last week. Photo: Laurie Tritschler
Boundary Food Bank see recent uptick in clients after CERB runs out

President Mike Wakelin said demand plummeted while the benefit was available to working Canadians

Good Samaritan Mountainview Village located at 1540 KLO Road in Kelowna. (Good Samaritan Society)
First long-term care resident dies from COVID-19 in Interior Health

Man in his 80s dies following virus outbreak at Mountainview Village

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

A coal-fired power plant seen through dense smog from the window of an electric bullet train south of Beijing, December 2016. China has continued to increase thermal coal production and power generation, adding to greenhouse gas emissions that are already the world’s largest. (Tom Fletcher/Black Press)
LNG featured at B.C. energy industry, climate change conference

Hydrogen, nuclear, carbon capture needed for Canada’s net-zero goal

People line up at a COVID-19 assessment centre during the COVID-19 pandemic in Scarborough, Ont., on Wednesday, December 2, 2020. Toronto and Peel region continue to be in lockdown. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccine approval could be days away as pressures mount on health-care system

Many health officials in regions across the country have reported increasing pressures on hospitals

Stock photo courtesy Cliff MacArthur/provincialcourt.bc.ca.
Double-murder trial in case of Cranbrook couple killed adjourned until January

The trial was adjourned following an application from the defence related to COVID-19

Most Read