A memorial for those killed and injured in a deadly crash involving the Humboldt Broncos junior hockey team bus is visible at the intersection of Highways 35 and 335 near Tisdale, Sask., on Tuesday, Oct. 27, 2020. THE CANADIAN PRESS/Liam Richards

A memorial for those killed and injured in a deadly crash involving the Humboldt Broncos junior hockey team bus is visible at the intersection of Highways 35 and 335 near Tisdale, Sask., on Tuesday, Oct. 27, 2020. THE CANADIAN PRESS/Liam Richards

‘More pain:’ Some Broncos families angry over request in court to delay lawsuit

The lawsuit names the Saskatchewan government, the driver, his employer and the bus company as a defendants

A battle between lawsuits related to the Humboldt Broncos bus crash is to be heard in a Regina courtroom this week.

Eleven lawsuits were filed after the crash on April 6, 2018. Sixteen people died and 13 were injured when the driver of a semi-truck blew a stop sign and drove into the path of the junior hockey team’s bus near Tisdale, Sask.

Lawyers for a proposed class action waiting for certification plan to ask a judge Friday to delay another lawsuit filed by five of the victims families until that’s done.

The possible delay has some of the families frustrated.

“We want to put certain pieces of this behind us. When they get dragged out longer and longer, it just makes it harder and harder. It causes more pain,” said Chris Joseph, a former NHL player from St. Albert, Alta. His 20-year-old son, Jaxon, died in the crash.

The proposed class action so far includes the families of 24-year-old Dayna Brons, the team’s athletic therapist from Lake, Lenore, Sask., who died in hospital after the crash, and injured goalie Jacob Wassermann, 21, from Humboldt, Sask. The suit names the Saskatchewan government, the inexperienced truck driver who caused the crash and the Calgary-based company that employed him.

Vancouver lawyer John Rice said the request for a stay, or delay, is about fairness.

“In situations where numerous claimants are harmed from the same event — and where the legal findings in one proceeding could impact all the others — the court needs to strike a balance between the competing interests of individual litigants to ensure that the most efficient and just process is adopted,” Rice said.

“In these awful circumstances, in this application, the court is being asked to exercise the ‘least-worst’ option, which is to press pause on the progress of one action until the application for certification is heard.”

Kevin Mellor of Regina, lawyer for the other lawsuit, said a delay would put his clients’ claim at risk. He represents the Joseph family as well as the families of Adam Herold, 16, of Monmartre, Sask.; Logan Hunter, 18, of St. Albert, Alta.; Jacob Leicht, 19, of Humboldt, Sask.; and assistant coach Mark Cross, 27, from Strasbourg, Sask. They all died from the crash.

That lawsuit, in addition to naming the Saskatchewan government, the driver and his employer, also lists the bus company as a defendant.

Mellor said Jaskirat Singh Sidhu was sentenced to eight years in prison for causing the crash, but could be deported to India before their lawsuit gets to trial.

“If the class action is going to delay … they’re going to miss out on material evidence because this guy will be deported,” Mellor said.

“We need to giddy-up and go.”

Co-counsel, Sharon Fox, said their clients shouldn’t be punished because they were first to file a lawsuit.

“We filed our claim in July 2018, three months after the crash happened,” Fox said.

“We have been at this for almost two years … They’re trying to hold us back, put us on the sidelines, so they can catch up. We’re saying that’s not fair and that’s going to impact our client’s ability to prove our case.”

Their clients also don’t want to put their healing on hold any longer, she said.

An affidavit from Herold’s father, Russ Herold, was filed in advance of Friday’s hearing.

“I feel I will suffer psychological harm if my lawsuit is delayed,” he says in the document.

“I want to advance my lawsuit to hold responsible those that should be held responsible for my son’s death.”

Lawyers for the Saskatchewan government recently argued in court that, because of the province’s no-fault insurance, it should be struck as a defendant from the class action. A judge has not yet ruled on that application.

READ MORE: ‘A blessing:’ Paralyzed Humboldt Bronco finds way back on the ice during COVID-19

Bill Graveland, 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

North Okanagan business Hytec Kohler set up a COVID-19 vaccination clinic at the Spallumcheen plant Friday, May 14. (Jennifer Smith - Morning Star)
More than half of eligible adults in Interior Health vaccinated

Over 365,000 vaccine doses have been administered throughout the Interior Health region

New Border Bruins owner Dr. Mark Szynkaruk reps team colours with his young sons and wife Tracey. Photo courtesy of the Grand Forks Border Bruins
KIJHL’s Border Bruins sold to Grand Forks doctor

The league announced the sale Friday, May 14

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
Three arrested after break in at local landfill

Three suspects were arrested after RCMP were alerted to a break in… Continue reading

The Salmon Arm RCMP seize hundreds of grams of drugs in a raid in Sorrento on March 20, 2021. (Black Press file photo)
RCMP have suspect identified in rash of local thefts

Police have a suspect in a rash of recent thefts from local… Continue reading

Doses of the Pfizer coronavirus vaccine are seen being prepared on Wednesday, May 12, 2021, in Decatur, Ga. Hundreds of children, ages 12 to 15, received the Pfizer vaccine at the DeKalb Pediatric Center, just days after it was approved for use within their age group. (AP Photo/Ron Harris)
One death, 60 new cases of COVID-19 in Interior Health

The death is connected to the outbreak at Spring Valley long-term care in Kelowna

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

Bradley Priestap in an undated photo provided to the media some time in 2012 by the London Police Service.
Serial sex-offender acquitted of duct tape possession in B.C. provincial court

Ontario sex offender on long-term supervision order was found with one of many ‘rape kit’ items

Rich Coleman, who was responsible for the gaming file off and on from 2001 to 2013, was recalled after his initial testimony to the Cullen Commission last month. (Screenshot)
Coleman questioned over $460K transaction at River Rock during B.C. casinos inquiry

The longtime former Langley MLA was asked about 2011 interview on BC Almanac program

Steven Shearer, <em>Untitled. </em>(Dennis Ha/Courtesy of Steven Shearer)
Vancouver photographer’s billboards taken down after complaints about being ‘disturbing’

‘Context is everything’ when it comes to understanding these images, says visual art professor Catherine Heard

Trina Hunt's remains were found in the Hope area on March 29. Her family is asking the public to think back to the weekend prior to when she went missing. (Photo courtesy of IHIT.)
Cousin of missing woman found in Hope says she won’t have closure until death is solved

Trina Hunt’s family urges Hope residents to check dashcam, photos to help find her killer

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Restrictions will lift once 75% of Canadians get 1 shot and 20% are fully immunized, feds say

Federal health officials are laying out their vision of what life could look like after most Canadians are vaccinated against COVID-19

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Most Read