The wreckage of an aircraft is seen near Fond du Lac, Sask. on Thursday, December 14, 2017 in a handout photo. THE CANADIAN PRESS/Transportation Safety Board of Canada Handout

Plane ‘too heavy:’ Plane crash victims file class-action lawsuit

Passengers in the Fond du Lac crash in northern Saskatchewan file class-action lawsuit

Survivors of a plane crash in a remote community in northern Saskatchewan have filed a class-action lawsuit alleging the airline was negligent.

The claim against West Wind Aviation and Athabasca Basin Development, the airline’s majority shareholder, alleges that their acts or omissions harmed those on the plane.

The plaintiffs include six passengers who were on board the flight when it went down near the Fond du Lac airstrip shortly after taking off on Dec. 13.

Everyone on board escaped the wreckage, but seven people were seriously injured. One 19-year old man, Arson Fern Jr., later died in hospital from his injuries.

“We believe we can establish negligence,” said Regina lawyer Tony Merchant, who filed the lawsuit Wednesday on behalf of his clients.

Fern and his parents, Arson Fern Sr. and Janey Fern, are among the six plaintiffs in the lawsuit. The others are Tiffany Hanson of Stoney Rapids and Fond du Lac residents Carey Clayton Mercredi and Dakota McDonald.

The claim alleges the companies breached the standard of care by using a runway that was too short for the size and weight of the plane and by not having proper de-icing equipment. It also alleges the employees overloaded the plane with passengers and freight and failed to alert emergency officials quickly after the crash.

It suggests the passengers have suffered harm, including pain, increased medical expenses and loss of enjoyment of life.

West Wind Aviation has not yet responded to the claim. The airline did not immediately respond to requests for comment.

Merchant said one of his clients overheard a member of the flight staff say that the plane was “too heavy” before it departed. He said the airport has a short runway and doesn’t have de-icing equipment, which makes taking off in winter conditions more difficult.

“Fundamentally, there’s an issue with West Wind operating such a heavy airplane in that circumstance, going into Fond du Lac,” said Merchant.

He also said West Wind employees also didn’t give passengers warning of the crash and didn’t help once they were on the ground.

“They were working together in circumstances of fright and horror, darkness, the fear of an explosion. Some people were injured,” said Merchant. ”It all together is right out of an awful movie.”

None of the allegations has been proven in court.

Officials with the Transportation Safety Board are still investigating the crash. They have already said there was no engine failure, but haven’t said when a final report will be complete.

Merchant said his clients could wait for the report, but he believes that negligence can be established without it.

“I can’t imagine that they are going to come back and say everything is fine,” he said. “To say everything was fine is saying these planes are going to fall out of the sky once in a while — and that’s not the case — so they are going to identify something wrong.”

West Wind Aviation grounded its other twin-engine ATR42-320 planes after the Fond du Lac crash.

— By Colette Derworiz in Edmonton

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Oak Bay one step closer to deer immunocontraceptive test

Up to 80 deer could be given ‘birth control’ vaccine in the fall

Parents still seek clarity for future of Victor School

Motion avoided to remove special needs Victor School from boundary review proposal

Head of Victoria homebuilders says provincial budget won’t solve housing crisis

Casey Edge of Victoria Residential Builders Association dismisses more modular housing as a band-aid

Two missing Victoria children found safe

VicPD responded to two separate missing children calls Tuesday

Study moves Oak Bay closer to contraceptive control for problem deer

The report says between 78 and 128 black tail deer live in the affluent beach-side community

VIDEO: Massive elk herd runs across Washington State highway

Elk have been making an appearance in the Pacific Northwest

Greater Victoria Wanted List for the week of Feb. 19

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

$10-a-day child care not in 2019 budget, but advocate not irked

Sharon Gregson with the Coalition of Child Care Advocates of B.C. says NDP on track to deliver promise

Winter storm freezes U.S., halts air travel

Storm dumps snow or heavy rain, snarls travel in much of U.S.

Gwyneth Paltrow: Skier sued me to exploit my fame, wealth

The incident happened in Deer Valley Resort in Park City, Utah

B.C. Seniors Advocate questions labour shortage in care homes

Are there really no workers, or are care aide wages too low?

B.C. business groups worry about looming economic decline in wake of NDP budget

The party’s second government budget focused on plenty of spending, business advocates say

Man injured in police shooting near Nelson has died: B.C. police watchdog

The death follows an incident in Bonnington on Feb. 13

Experts urge caution after 10 human-triggered avalanches across B.C.

One man is still stuck after avalanche on south coast

Most Read