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

Windsurfers enjoying a windstorm on Skaha Lake in Penticton on March 28, 2021. (Sandy Steck Photography)
Wind warning issued for Okanagan Valley

Boaters are being warned of gusts up to 70 km/h by late afternoon on Sunday

Vernon Vipers forward Ryan Shostak (centre) fends off a check from Salmon Arm defenceman to get a close-in scoring attempt on Silverbacks goalie Owen Say during Vernon’s 3-2 B.C. Hockey League pod play shootout victory Saturday, April 17, at Kal Tire Place. (Lisa Mazurek - Vernon Vipers photography)
Vernon Vipers use shootout to subdue Salmon Arm

Snakes score 3-2 B.C. Hockey League pod play win at Kal Tire Place

Coldstream Fire Department crews stationed at Kal Lake Provincial Park parking lot on Cosens Bay Road on Sunday, April 18, after a car went over a cliff in the area. (Roger Knox - Morning Star)
Driver escapes after car goes over cliff in Coldstream near Kal Lake Park

The driver has been transported to hospital with unspecified injuries

A GoFundMe page has been launched for a Vernon man whose BX orchard property home off Pleasant Valley Road near Stickle Road was totally destroyed in a fire Saturday, April 17. (Brendan Shykora - Morning Star)
Fundraising campaign launched for Vernon man who lost home to fire

A GoFundMe page has been started by family; man taken to hospital with injuries from fire

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

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

A Kelowna Pride Festival 2019 participant holds up a flag. (Kelowna Pride Society)
Kelowna Pride, RCMP continue to work on ‘Safe Place Program’

A new committee has been formed to refine the ‘Safe Place Program’ created by the Kelowna RCMP

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

A strange odour at a West Kelowna apartment building prompted the evacuation of 150 residents on Sunday morning, April 18. (Aaron Hemens - Capital News)
Strange smell at West Kelowna apartment prompts evacuation of 150 residents, pets

150 residents ordered evacuated from a West Kelowna apartment building early Sunday morning

This is what’s left of a truck that caught fire at Pyramid Provincial Park off Highway 97 near Summerland Saturday night. (Monique Tamminga Western News)
Photo Gallery: Truck gutted by fire at popular Okanagan park, trees saved

Just a metal shell of what once was a pick up truck is left at the scene

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Most Read