Lawyers plan to appeal dismissed Humboldt Broncos bus crash lawsuit

Mourners visit a memorial for the victims of the Humboldt Broncos bus crash on the corner of highway 35 and highway 335 near Codette, Sask. on Saturday, April, 6, 2019. THE CANADIAN PRESS/Kayle Neis

The legal counsel representing five families connected to the Humboldt Broncos bus crash say they plan to appeal the dismissal of their lawsuit.

The crash on April 6, 2018, resulted in the deaths of 16 people and injuries to 13 others, when a semi collided with the Broncos team bus at the intersection of Highways 35 and 335 near Tisdale.

The parents of players Adam Herold, Jaxon Joseph, Logan Hunter, Jacob Leicht and assistant coach Mark Cross launched a lawsuit against the Saskatchewan Ministry of Highways, along with the semi driver involved in the crash, as well as his employer and the manufacturer of the bus, arguing claims of negligence.

In a decision dated Dec. 16, Court of King’s Bench Judge Graeme Mitchell found the lawsuit cannot proceed, saying the allegations made in a proposed pleading “are not sound in law” and the pleading’s “fundamental premise is unprovable.”

• Sask. judge dismisses 2018 lawsuit from 5 Humboldt Broncos families

“The parents are disappointed. It’s that individual and systemic responsibility and transparency that they are seeking. The families are left with an incomplete answer and critical evidence never being considered,” said Sharon Fox, a lawyer from Nychuk & Company, the firm representing the impacted families.

For over seven years, the claim made its way through the court system. The legal counsel representing the families say this is a significant amount of time to figure out if the claim can move forward.

“The delay is so palpable and overriding, that the delay in litigating this lawsuit has caused equal to more harm than the tragedy itself,” said Kevin Mellor, a lawyer from Nychuk & Company.

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Mellor predicts it will be about a year before they hear back from the Court of Appeal.

“This case has never been about money. It’s never been about compensation,” Fox said.

“It has always been about whether the government is going to be held accountable. Accountability can lead to safer roads because without it there is no incentive for change,” she concluded.

The Government of Saskatchewan said it respects the court’s decision but will not provide further comment as the matter remains before the courts.

- With files from David Prisciak