The families of five individuals who lost their lives in the tragic Humboldt Broncos bus accident are set to challenge a judge’s ruling that dismissed their legal action against the Saskatchewan government, the bus manufacturer, and the semi-truck driver responsible for the crash. The lawsuit, initially filed in July 2018 following the collision between a semi-trailer and the hockey team’s bus that resulted in 16 fatalities and 13 injuries, was recently rejected by a Regina Court of King’s Bench judge.
Expressing their intent to appeal the decision, the families’ attorney, Kevin Mellor, emphasized the importance of public transparency in understanding the circumstances surrounding the tragic incident. The families of Jaxon Joseph, Logan Hunter, Jacob Leicht, Adam Herold, and assistant coach Mark Cross alleged that the province was aware of visibility issues at the rural intersection where the accident occurred but failed to address them.
A key argument of the families, as per their amended statement of claim in August 2023, revolved around the alleged constitutional impediments posed by certain provisions in provincial legislation, such as The Fatal Accidents Act and The Workers’ Compensation Act, which they believe unjustly prevent them from pursuing legal recourse for negligence claims.
Furthermore, Mellor’s co-counsel, Sharon Fox, highlighted the families’ pursuit of justice to ensure their children’s lives are acknowledged and that accountability is established within the justice system. The lawsuit also targeted the bus manufacturer, the semi driver, and his employer, with the driver having been previously sentenced to prison for dangerous driving offenses.
Despite the dismissal of their case and the awarding of costs to the defendants, Mellor criticized the government’s reliance on statutory immunity to evade scrutiny for its potential role in the tragedy. He underscored that the lawsuit was not solely about monetary compensation but also aimed to shed light on regulatory failures that could prevent similar incidents in the future.
Justice Graeme Mitchell’s decision, detailed in a written ruling on December 16, mentioned the plaintiffs’ failure to demonstrate how the legislative provisions violated their Charter rights. The families’ determination to continue their legal battle underscores their commitment to seeking accountability and transparency in the aftermath of the devastating Humboldt Broncos crash.