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

A groundbreaking ceremony for Cluculz Lake’s new fire hall will take place Tuesday, June 22. The current fire hall is able to only store one apparatus. (Photo submitted)
New fire hall on the way for Cluculz Lake

Approximate $950,000 facility anticipated to be completed by this fall

A cell tower is pictured in rural Ontario on Wednesday, July 15, 2020. (THE CANADIAN PRESS/Sean Kilpatrick)
Connected future for Saik’uz First Nation

Cellular tower to be constructed by Telus within the community

Nechako River. (Aman Parhar/Omineca Express)
So far so good, but officials keeping tabs on Nechako River streamflow

Vanderhoof Mayor said typically if there is flooding, it occurs toward the end of May and early June

Fishers prefer landscapes with large areas of connected forest, said the Forest Practices Board. (Loney Dickson photo)
Logging continuing to impact fisher habitat in B.C.

Forest Practices Board concludes investigation near Bobtail Mountain Provincial Park

Cariboo North MLA Coralee Oakes shared this photo of the binders and binders of letters and paperwork she’s received on area roads in the past few years. (Submitted photo)
Cariboo MLAs call on province to fix region’s roads

Minister Rob Fleming said more resources were on the way to the region

A bullet hole is seen in the windshield of an RCMP vehicle approximately 4 km from Vancouver International Airport after a one person was killed during a shooting outside the international departures terminal at the airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Homicide team IDs man in fatal YVR shooting as police grapple with spate of gang violence

Man, 20, charged in separate fatal shooting Burnaby over the weekend

B.C. Labour Minister Harry Bains in the B.C. legislature, May 13, 2019. (Hansard TV)
B.C. to provide three days of sick pay for COVID-19 absences

Province will support employers on cost, labour minister says

(Pixabay)
B.C. doctors could face consequences for spreading COVID misinformation: college

College says doctors have a higher level of responsibility to not spread incorrect information

Kelowna resident Sally Wallick helped rescue a kayaker in distress a week and a half ago. (Sally Wallick/Contributed)
VIDEO: Kelowna woman rescues capsized kayaker in Okanagan Lake

Sally Wallick is asking people to be prepared for the cold water and unpredictable winds

Dr. Bonnie Henry talks about phase two in B.C.’s COVID-19 immunization plan. THE CANADIAN PRESS/Chad Hipolito
All of B.C. will eventually ease out of COVID-19 restrictions at same time: Henry

People who have received two doses of a vaccine can’t yet return to post-pandemic activities with each other, she says

Winnipeg Jets’ Andrew Copp (9) and Edmonton Oilers goaltender Mike Smith (41) watch an incoming shot during second period NHL action in Winnipeg, Monday, April 26, 2021. THE CANADIAN PRESS/Fred Greenslade
‘Very jealous’: Canadian teams can’t take advantage of NHL’s relaxed COVID-19 rules

League eased some tight COVID-19 health and safety protocols over the weekend for fully vaccinated clubs

A map of Huu-ay-aht-owned forestry cutblock. (SUBMITTED PHOTO)
B.C. First Nations restrict access to territory in wake of forestry standoffs

Huu-ay-aht set up checkpoints after heated and dangerous incidents on southwest Vancouver Island

RCMP are searching for Philip Toner, who is a ‘person of interest’ in the investigation of a suspicious death in Kootenay National Park last week. Photo courtesy BC RCMP.
RCMP identify ‘person of interest’ in Kootenay National Park suspicious death

Police are looking for Philip Toner, who was known to a woman found dead near Radium last week

Vancouver Canucks goaltender Thatcher Demko (35) makes a save on Winnipeg Jets’ Nate Thompson (11) during second period NHL action in Winnipeg, Monday, May 10, 2021. THE CANADIAN PRESS/Fred Greenslade
Vancouver Canucks see NHL playoff hopes dashed despite 3-1 win over Winnipeg

Montreal Canadiens earn final North Division post-season spot

Most Read