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

Just Posted

Greater father involvement in the home leads to improved childhood development and increased marital satisfaction, says expert. (Black Press Media file photo)
University of Victoria researcher finds lack of father involvement a drag on gender equality

Working women still taking on most child and household duties in Canada

Emergency health services treated a person after they were blocking traffic at the intersection of Fort and Douglas Streets on June 17. (Evert Lindquist/ News Staff)
Victoria intersection traffic returns to normal after protester blocked roadway

A person in a motorized wheelchair was blocking the intersection at Fort and Douglas Streets

New COVID-19 cases on Vancouver Island by local health area for the week of June 6-12. (B.C. Centre for Disease Control image)
New COVID-19 cases up on Island, but health officials say trends going right way

There were 22 new COVID-19 cases in Greater Victoria last week after just four the week before

With local high schoolers unable to have a traditional graduation ceremony due to COVID-19 restrictions, Amica Douglas House celebrated the momentous occasion of eight of their dining room servers. (Courtesy Amica Douglas House)
8 Greater Victoria teens don fancy dresses, celebrate grad with seniors

With celebrations nixed, Amica Douglas House hosts event for its serving staff

Eric White’s roadside farm stand in Metchosin sits stocked with produce. (Photo courtesy of Eric White)
Fledgling Metchosin farmer frustrated by thefts from stand

Eric White said every dollar made at the roadside helps sustain his farm

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

(Black Press Media file photo)
POLL: When was the last time you visited the mainland?

The films are again lighting the screens at local theatres, the wine… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of June 15

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

The Co-op gas station at Whiskey Creek is burning after a camper van exploded while refueling just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Helen Austin performing with Trent Freeman at the 2018 Vancouver Island MusicFest. Austin is one of the many performers listed for the 2021 event.
Vancouver Island MusicFest goes virtual for 2021

Black Press to stream 25 hours of programming July 9-11

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

Most Read