A rolled-over tour bus rests where it fell on the Columbia Icefield near Jasper, Alta., Sunday, July 19, 2020. A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield. THE CANADIAN PRESS/Jeff McIntosh

A rolled-over tour bus rests where it fell on the Columbia Icefield near Jasper, Alta., Sunday, July 19, 2020. A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield. THE CANADIAN PRESS/Jeff McIntosh

Class-action lawsuit filed on behalf of passengers in fatal Alberta Icefield bus crash

Three people were killed and 14 others suffered life-threatening injuries on July 18

A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield.

Three people were killed and 14 others suffered life-threatening injuries on July 18 when the red-and-white, all-terrain Ice Explorer lost control while carrying passengers on the road to the Athabasca Glacier.

The bus rolled about 50 metres down a moraine embankment before coming to rest on its roof. The bus was carrying 27 people.

Named in the statement of claim filed in Calgary are Brewster Travel Canada Inc., Viad Corp, Glacier Park Inc., Brewster Inc., Brewster Tours, Banff-Jasper Collection Holding Corp. and the unidentified driver of the coach.

“The defendants knew or ought to have known that there was a significant risk to the plaintiff and class members and that the accident was a reasonably foreseeable result of failing to take adequate measures to prevent such incidents,” reads the claim.

“The accident was caused solely by the negligence, gross negligence, or intent of the defendants.”

None of the allegations has been proven in court.

READ MORE: Glacier sightseeing bus rolls in the Alberta Rockies killing 3 and injuring others

A spokeswoman for Pursuit, the company that runs the Columbia Icefield tours, said it couldn’t comment on pending litigation.

“We continue to actively support a transparent and multi-agency investigation into the cause of this tragic accident. The results of this investigation, once completed, will be shared with the public,” Tanya Otis said in an email.

The lead plaintiff is Devon Ernest, 22, from North Battleford, Sask., who was on the tour with his girlfriend, Dionne Durocher of Canoe Narrows, Sask., and his cousin Winnie Ernest.

Durocher died at the scene.

“I’m not doing so good. I’m just trying to hold on,” Ernest told The Canadian Press.

He suffered a concussion, a fractured wrist and lacerations to his head and hands.

“Someone was at fault. Someone or something could have been changed,” Ernest said.

“I don’t know how this happened.”

Ernest said the driver gave limited safety instructions before the bus took off. He said she pointed out the rear exit and how to open windows.

Rick Mallett, a litigation lawyer with James H. Brown and Associates in Edmonton, said in an interview, that the accident should never have happened.

“It’s such a tragic outcome for the people that were there for a fun time, especially during this whole COVID situation,” Mallett said.

“It went so terribly wrong, so we took a look at it right away.”

The class action, which so far includes 10 of the 27 people on the bus, must be approved by a judge if it is to go ahead.

It notes there were no seatbelts on the coach and alleges the driver appears to have lost control when going down a steep incline.

“The operator of the tour bus, the defendant Jane Doe, attempted to brake, but was unable to reduce the speed of the tour bus. The tour bus lost traction with the road. The front right tires then approached the embankment and then went over the embankment,” reads the statement of claim.

RAED MORE: No cause yet for bus crash that killed three near glacier

“The tour bus went over the side of the embankment and rolled over four to six times, with at least two rotations occurring in the air, before coming to a stop on its roof.”

The statement alleges the defendants failed to enact protective measures to prevent the accident.

“The defendants acted recklessly and unreasonably in failing to take reasonable steps to ensure that the tour bus and road were properly maintained, the operator of the tour bus was qualified and taking proper precaution and due care when operating the tour bus, and that the tour bus itself was properly maintained and in suitable mechanical condition.”

Mallett said the RCMP have checked out the bus at a secure location and his law firm will have a mechanic and an accident reconstructionist look at it.

“Was there driver error? What about the mechanical issues? What about the general design of the tour itself and the embankment the tour bus went over?” he said.

The Columbia Icefield is one of the largest non-polar icefields in the world. It spills down from the mountains about 100 kilometres south of Jasper.

Otis said in her email that the buses would not operate for the rest of the 2020 season.

Bill Graveland, The Canadian Press


Like us on Facebook and follow us on Twitter.

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

Alberta

Just Posted

Fate, an American cocker spaniel bred at Lavington’s Aladdin Cockers by Carol and Robin Edwards, is currently the No. 1 ranked cocker spaniel in the U.S. and has drawn an invitation to the world’s most famous dog show, the Westminster Kennel Club event in New York, next month. (Photo submitted)
Lavington-bred cocker spaniel to strut stuff at Westminster Kennel Club

Fate, an American cocker spaniel bred by Carol and Robin Edwards, is the No. 1-ranked cocker spaniel in the U.S.

There are currently 15 Kid’s Don’t Float PFD loaner stations located throughout the Shuswap, with three more planned to go up this year. (Shuswap Watershed Council image)
New life-jacket stations planned for Enderby, Eagle Bay

National Lifejacket Day prompts reminder to boaters that accidents can happen

Armstrong Regional Co-op board members Brett Kirkpatrick (left) and Robbie Hoyte (right) flank Scott John of the Okanagan Screen Arts Society. The co-op donated $2,500 to the society for its Save the Towne Theatre campaign. (ARC photo)
North Okanagan-Shuswap cooperative contributes to Vernon theatre campaign

Armstrong Regional Co-op kicks in $2,500 for Okanagan Screen Arts Society’s Save the Towne Theatre campaign

Geoff Mulligan, left, receives a Ribbons of Green Commendation award from Harold Sellers, Ribbons of Green Trails Society president. (Ribbons of Green photo)
Volunteer puts Vernon trails on the map

Geoff Mulligan earns commendation from Ribbons of Green Trails Society for volunteer work

Coldstream Fire Department is on-scene Sunday, May 16, battling a fire in a Matner Lane orchard just up the hill from the firehall on Aberdeen Road. (Jennifer Smith - Morning Star)
Coldstream fire crew tackles orchard blaze

Fire broke out just before 2 p.m. on Matner Lane, which is just up the hill from the firehall on Aberdeen Road

(Historica Canada)
VIDEO: Heritage Minute marks 100th anniversary of work to discover insulin

Video centres on Leonard Thompson, 13, the first patient to receive successful injections for Type 1 diabetes

Kayak the humpback whale was found dead on a Haida Gwaii beach on Saturday, May 15, 2021. (Marine Education and Research Society)
Kayak the humpback whale found dead on Haida Gwaii beach

Whale was estimated to be only 18 years old

Then-finance minister Kevin Falcon presents his last B.C. budget, Feb. 21, 2012. The province was emerging from the 2009-10 recession and repaying federal incentive to cancel the harmonized sales tax. (Tom Fletcher/Black Press)
Political veteran Kevin Falcon set for second run at B.C. Liberal leadership

Social media run-up includes Dianne Watts endorsement

(Lindsey Roche/Contributed)
Kelowna children enjoy drive-in movie thanks to support from the community

A daycare in the Mission area gets creative during the COVID-19 pandemic

Conservation Service Officer Kyle Bueckert holds a gold eagle that was revived from acute rodent poisoning Monday, May 12. Photo: Submitted
‘Obviously, he’s a fighter’: Golden eagle, recovered from poisoning, back in Kootenay wild

CSO Kyle Bueckert released the eagle into the wild Thursday, May 13

A fledgling white raven was spotted near the end of Winchester Road in Coombs. (Mike Yip photo)
Legend continues as iconic white raven spotted once again on Vancouver Island

Sightings rare everywhere in world except for central Vancouver Island location

Capt. Jenn Casey died in a crash just outside of Kamloops, B.C., on May 17, 2020. (CF Snowbirds)
Snowbirds to honour Capt. Casey, who died in B.C. crash, in 2021 tour

Tour will kick off in Ontario in June before heading west

This bird box at the Salmon Arm Foreshore lies broken on May 14, 2021 after someone pulled the pole out of the ground and smashed the formerly occupied nest. It was one of more than 30 that have been wrecked. (Martha Wickett-Salmon Arm Observer)
Destruction of nests, birds at Salmon Arm foreshore described as horrifying

More than 30 bird boxes made by community destroyed, just one was not occupied

Ranchero resident Cody Krabbendam proudly displays the Lifesaving Society awards he recently received for a rescuing another boy while swimming at Sicamous Beach in July 2020. (Contributed)
Shuswap boy receives medal of bravery, scholarship for rescue at Sicamous beach

Last summer Cody Krabbendam jumped into the lake to save another boy from drowning

Most Read