REGINA — The Court of King’s Bench in Regina has dismissed a civil lawsuit filed by the families of five victims of the 2018 Humboldt Broncos bus crash, which killed 16 people and injured 13 others.
The families had sought damages from the truck driver, the Saskatchewan government, and the bus manufacturer.
But Justice Graeme Mitchell ruled on Dec. 16 that their case was “doomed to fail.”
The parents of players Adam Herold, Jaxon Joseph, Logan Hunter, Jacob Leicht, and assistant coach Mark Cross had sought to amend their lawsuit to argue that key parts of Saskatchewan’s Automobile Accident Insurance Act (AAIA) and Workers’ Compensation Act (WCA) were unconstitutional.
They argued the AAIA’s “no fault” insurance system, which prevents civil lawsuits for motor vehicle injuries except in cases of intentional harm, violated their Charter right to security of the person under section 7. They said the law unfairly shielded the provincial government from accountability for the design and maintenance of the rural intersection where the crash occurred.
The parents of Mark Cross also launched a separate constitutional challenge, arguing that the WCA discriminated against them by preventing them from seeking bereavement damages available to other grieving parents under the AAIA. Cross was killed while working, placing his case under the workers’ compensation system.
Justice Mitchell rejected all arguments.
The court found Saskatchewan’s no-fault insurance system to be reasonable and concluded that limiting lawsuits to cases involving intentional harm is a rational part of that system. It ruled that this limitation doesn’t violate the families’ Charter rights.
On the WCA challenge, the court found no discrimination, saying that the workers’ compensation system provides its own benefits and operates under a distinct legal framework.
Justice Mitchell wrote that the lawsuit’s arguments weren’t legally viable. He ruled the claim unsalvageable and said allowing it to proceed would misuse the court system.
“Based on the evidentiary record filed on this application, I am persuaded that permitting the Proposed Pleading to stand would also be vexatious, scandalous and an abuse of process.”
The ruling also allows the defendants, including the Government of Saskatchewan, truck driver Jaskirat Singh Sidhu, Adesh Deol Trucking Ltd., and Motor Coach Industries, to recover their legal costs from the families.
The crash
“The deeply tragic events underlying this lawsuit are seared into the collective psyche of Canada,” wrote Justice Mitchell in his December decision.
According to court documents, on April 6, 2018, Sidhu was driving a semi-truck owned by ADT. The truck was hauling two trailers loaded earlier that day in Carrot River with harvested peat moss.
As Sidhu travelled west on Highway 335 towards Melfort, on his way to Balzac, Alta., he noticed the tarps covering the load were inflating in the wind. Concerned, he repeatedly checked the mirrors to monitor the problem, according to court documents.
Before the collision, Sidhu pulled over to try and secure the tarps with additional bungee cords, but the issue persisted.
As he continued driving, Sidhu didn’t realize he was approaching the intersections of Highways 355 and 35, known as Armley Corner. The Humboldt Broncos team bus was travelling north on Highway 35.
Sidhu later admitted he didn’t recall seeing any traffic control signs or the bus. He said he remained focused on the tarps and didn’t realize he had entered the intersection or collided with the bus until he exited the truck immediately after the collision.
Sidhu pleaded guilty to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm. He was sentenced to eight years in prison on each count of dangerous driving causing death to be served concurrently, and five years on each count of dangerous driving causing bodily harm, to be served concurrently with the other charges.
GoFundMe for families
Court documents also reveal that a GoFundMe Campaign launched after the crash drew donations from around the world, raising $15,172,948. The funds led to the creation of the Humboldt Broncos Memorial Fund Inc. (HBMFI).
A judge later approved an advisory committee’s recommendation for how the money should be distributed. Each of the 16 families who lost a loved one received an initial payment of $50,000. Each of the 13 survivors also received an initial $50,000, along with a further $425,000. Any remaining funds were placed in trust and divided equally among the 13 survivors.
ljoy@sasktoday.ca
