Court of Appeal rules lawsuit in Broncos case can go ahead

Saskatchewan’s top court has set aside a temporary injunction that stalled a lawsuit filed by some families who lost loved ones in the Humboldt Broncos bus crash.

A judge ruled in 2021 that the lawsuit filed on behalf of five families should be put on hold until the court decided whether a proposed class-action suit should be certified.

In a decision released Tuesday, the Saskatchewan Court of Appeal said that judge made an error, and the families’ access to court was being blocked.

The Court of Appeal said the injunction could delay the case for months, or even years.

The proposed lawsuit was filed against the Saskatchewan government, Jaskirat Singh Sidhu — the truck driver who caused the crash — and the Calgary-based company that employed him.

The crash occurred in April of 2018 near Tisdale as the Broncos travelled to Nipawin for a Saskatchewan Junior Hockey League playoff game. A semi driven by Sidhu went through a stop sign at the intersection of two highways and collided with the Broncos’ bus.

The crash claimed the lives of 16 people and injured 13 others.

Sidhu was sentenced to eight years in prison after he pleaded guilty to dangerous driving charges.

In July, the Parole Board of Canada gave Sidhu day parole for six months. He’ll get full parole after those six months if he follows conditions set out by the board.

Sidhu may still face deportation from Canada to his home country of India. The Immigration and Refugee Board will make the ultimate decision on whether Sidhu can remain in Canada.

The Canada Border Services Agency recommended in March that Sidhu be handed over to the Immigration and Refugee Board to decide if he should be deported. His lawyer is looking to argue against deportation in Federal Court.

— With files from The Canadian Press