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

This is the second rally this week, organized in support and solidarity of the farmers in India. The first was on Wednesday, Dec. 2, which started at the Cineplex parking lot in Strawberry Hill and ended in Vancouver by the Indian consulate. (Photo: Our Avaaz/Instagram)
Second car rally planned in Surrey in support, solidarity of farmers in India

It will start at the Cloverdale Recreation Centre on Saturday

Sept. 10, 2020 — In the photo is a W.L. McLeod student wearing a mask in a school bus, on his first day back-to-school. This year, due to COVID-19, students will have a different year than most. The President of B.C. Teachers’ Federation told Black Press Sept. 9, that she had a lot of mixed feeling about how ready the education system is for students to be coming back-to-school. Meanwhile, Libby Hart, Principal of W.L. Mcleod Elementary School in Vanderhoof said,” We know some of the families are still unsure, but most of our families have been great in connecting with us and talking to us.” Photos continued on Page 7. (Aman Parhar/Omineca Express)
‘Significant’ changes coming to Fraser Health school exposure notices, says Surrey superintendent

Jordan Tinney tweeted that there will be 3 letters sent out to a school community

Ben “Santa” Cohen visits Ecole Martha Currie in Cloverdale Dec. 4. Santa wished everyone a socially-distanced Merry Christmas out in front of the school. (Photo: Malin Jordan)
Santa visits Ecole Martha Currie in Cloverdale

First gig of the season for Ben ‘Santa’ Cohen; COVID driving most gigs online

Shawn Canil, a Cloverdale-area resident, turns heads with the truck he’s decorated for Christmas. (Photo: Tom Zillich)
Truck’s Christmas decorations lift spirits on Cloverdale man’s commute

‘When I see them smiling, I know it’s worth it,’ pickup driver Shawn Canil says

Gurbaz Singh, deli manager at the Cloverdale Country Market, arranges some gifts in the back of a vintage car. The car is part of the Cloverdale Country Market’s “December to Remember” picture taking area. The market is encouraging people to come down, snap some Christmas pics and share them on social media. (Photo: Malin Jordan)
PHOTOS: Cloverdale Country Market creates Christmas picture space

Market cancels annual Christmas Craft Fair, replaces it with Christmas picture zone

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Most Read