Lawyers file appeal after judge dismisses Humboldt Broncos bus crash lawsuit

Lawyers representing families of the Humboldt Broncos bus crash are appealing a lawsuit that was tossed out of court last month.

The lawsuit was filed a few months after the crash that killed 16 people and injured 13 others in April of 2018. A semi driven by Jaskirat Singh Sidhu ran a stop sign on Highway 335, continuing into Highway 35 into the path of the hockey team’s bus.

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On Dec. 16 Justice Graeme Mitchell dismissed the lawsuit, detailing the facts of the crash and its aftermath and pointing to the over $15 million raised by a GoFundMe campaign that was handed out to victims.

“We feel that the Government of Saskatchewan has not been held accountable for causing the death of the children,” said Kevin Mellor, the lawyer representing the victims’ families.

Mellor said the design of the highway played a role in the accident and argued that the Automobile Accident Insurance Act (AAIA) does not apply in this specific situation.

The AAIA establishes a no-fault system for compensating those injured in motor vehicle accidents, meaning people can’t sue for damages resulting from a crash.

“It is the Government of Saskatchewan that caused the death of the children, and what they’re trying to use is this AAIA legislation to grant them immunity so that their acts are not held accountable,” Mellor said.

Another lawyer representing the victims’ families, Sharon Fox, said the government has been repeatedly warned through letters, coroners reports, and accident reconstructionists to fix the roadways.

“This accident was preventable, and it should have never happened.,” she said.

Fox pointed to a deadly crash at the intersection more than 20 years ago involving a family of six from British Columbia.

“They were burned to death in their car as a result of a collision at the exact same intersection,” she said.

Fox said one of the key issues in the litigation is the roads sight line, which is meant to allow drivers from primary and secondary highways to see each other in time and take evasive action if needed.

Fox said it was only after the 2018 bus crash that the province expropriated land at that intersection and cleared the sight line.

“If this decision stands, it sends a message that preventable deaths caused by a regulatory failure are never going to be examined in open court, and that’s why we’re appealing,” said Fox.

Fox said for the families involved it’s not about money but rather accountability, transparency, and meaningful answers from those involved in the accident.

Families of victims Adam Herold, Jaxon Joseph, Logan Hunter, Mark Cross and Jacob Leicht brought the lawsuit alleging negligence against the Government of Saskatchewan, the company that manufactured the bus the team was in, Sidhu, and the company he worked for at the time.

However, none of the claims were proven in court and none of the defendants filed a statement of defence.

Fox said it could take a year or two before the Court of Appeal renders its decision.

“The government respects the Court’s decision,” the province said in a statement. “We will not be providing any further comment as the matter remains before the Court.”

— With files from 980 CJME’s Lisa Schick

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