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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Kelly Ng (left) tries to get the attention of Podzol and Aquila as twin sister, Pauline Ng, snaps a photo of the two dogs by a field of hyacinths at the Chilliwack Tulips attraction on April 13. (Jenna Hauck/ Chilliwack Progress)
PHOTOS: Strolling through tulips, hyacinths and daffodils at Chilliwack Tulips attraction

Colourful spring flower attraction opened on the weekend in Chilliwack, continues into May

Cannabis plants visible under bright lights inside a large facility at Shxwha:y Village on July 6, 2018. The reserve was home to the licensed producer for Indigenous Bloom, which opened up a dispensary on the Kwaw-Kwaw-Apilt reserve. On April 12, 2021, Shxwha:y announced Health Canada approval for a licensed production facility at the village. (Paul Henderson/ Chilliwack Progress file)
Chilliwack’s Shxwha:y First Nation approved for cannabis cultivation and processing facility

It will be the first majority-owned Indigenous on-reserve licensed facility in Western Canada

Commercial trucks head south towards the Pacific Highway border crossing Wednesday (April 14, 2021). The union representing Canadian border officers wants its members to be included on the frontline priority list for the COVID-19 vaccine. (Aaron Hinks photo)
CBSA officers’ union calls for vaccine priority in B.C.

Border officers at ports including South Surrey’s Pacific Highway should ‘not be left behind’

Bat Packs are the newest addition to the FVRL Playground, and have everything you need to learn more about bats, and track them in your neighbourhood. (FVRL image)
Bat Packs at Fraser Valley libraries come with echometer to track bats

Packs are the newest part of the FVRL Playground inventory

Demonstrators at the legislature on April 14 called on the province to decriminalize drug possession and provide widespread access to regulated safe supply across B.C. (Jake Romphf/News Staff)
Rally calls for decriminalization, safe supply on 5th anniversary of overdose emergency declaration

From 2016 to the end of February, 7,072 British Columbians died due to overdose

Surrey RCMP are seeking the public's help to locate three puppies stolen from a South Surrey home on April 10. (Surrey RCMP photos)
UPDATE: 1 of 3 puppies stolen from South Surrey returned to owner

American Bulldog puppy recovered after being sold at Mission car show

Two women walk past ‘The Meeting’ sculptures in White Rock’s Miramar Plaza Wednesday afternoon. (Aaron Hinks photo)
New public art in White Rock faces criticism as the ‘two Michaels’ remain in China’s custody

‘I would encourage people to go out and enjoy it’ said Vancouver Biennale founder

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

(Government of Canada)
Liberal MP caught stark naked during House of Commons video conference

William Amos, in Quebec, appeared on the screens of his fellow members of Parliament completely naked

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Feb. 1, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps to 1,168 Wednesday, nearly 400 in hospital

Now 120 coronavirus patients in intensive care, six more deaths

Moss covered branches are seen in the Avatar Old Growth Forest near Port Renfrew on Vancouver Island, B.C. Thursday, Sept. 29, 2011. THE CANADIAN PRESS/Jonathan Hayward
B.C. blockades aimed at protecting old-growth forests reveal First Nation split

Two Pacheedaht chiefs say they’re ‘concerned about the increasing polarization over forestry activities’ in the territory

Everett Cummings in a tribute video posted to dignitymemorial.com.
Mechanic’s death at Fraser Surrey Docks leads to $200K fine for company, union says

Photos of rally outside Surrey court posted on ILWU’s ‘Kill A Worker Go To Jail’ Facebook page

Most Read