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

(Morning Star file photo)
Lumby bylaw complaints skyrocket in 2020

Bylaw officers have seen an 80 per cent increase in complaints over 2019, with two months yet to be recorded

Greater Vernon Water rates will increase an average of 2.4 per cent over the next four years after the Regional District of North Okanagan adopted a new water rate bylaw on Wednesday, Nov. 18. (File photo)
Regional District North Okanagan approves four-year water rate bylaw

Water rates for Greater Vernon Water users to climb an average of 2.4 per cent over the four years

A new primary health clinic at the Okanagan Indian Band Health Centre is now providing members with doctors on reserve. (Stock photo)
New Okanagan Indian Band primary care clinic now accepting patients

The clinic is giving OKIB members access to doctors and nurses on reserve

Sylvia Showers of Lumby is one of the 35 artists featured at Artsolutely, the 15th annual sale at the Vernon Community Arts Centre on daily Nov. 28-Dec. 24. (Contributed)
Artsolutely makes shopping local easy in Vernon

15th annual event features 35 artists and runs for 27 days

COVID-19. (Image courtesy CDC)
Interior Health reports 70 new cases overnight

The total number of cases in the region is now at 1,426

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Central Okanagan Public Schools administration office in Kelowna. (File photo)
COVID-19 confirmed in 5 more Central Okanagan schools

All people who tested positive for the virus are self isolating at home

Penticton Law Courts
Bail hearing for Penticton man charged with sex assault, forcible confinement

Robert Sauve is facing more than 10 criminal charges

The COVID-19 test centre at Peace Arch Hospital is located on the building’s south side. (Tracy Holmes photo)
B.C. woman calls for consistency in COVID-19 post-test messaging

‘Could we just get one thing straight?’ asks Surrey’s Deb Antifaev

Revelstoke RCMP warn of scam after two people targeted in one day. (Black Press file photo)
Revelstoke RCMP warn of scammer pulling at heart strings

Two people in Revelstoke targeted in one day by person posing as a loved one

RCMP. (Phil McLachlan - Black Press Media)
RCMP investigate suspected arson at Shuswap hunting camp

Suspicious fire took place by Scotch Creek forest service road on Oct. 24

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

A worker at Kelowna Airport has tested positive for COVID-19. (File)
Kelowna airport worker tests positive for COVID-19

Individual, who works as a screener, was asked to self-isolate, at which time they tested positive

Most Read