Lawyers representing families who lost loved ones in the devastating 2018 Humboldt Broncos bus crash have announced they will appeal a recent court decision that dismissed their lawsuit against the Saskatchewan government.
Court Dismissal and Grounds for Appeal
On December 16, Saskatchewan King’s Bench Justice Graeme Mitchell ruled against the lawsuit, which was originally filed in 2018 by five victims of the collision. The suit had named the provincial government as a defendant. Justice Mitchell determined that Saskatchewan's no-fault insurance legislation prevents individuals from suing and that this prohibition does not engage the relevant sections of the Canadian Charter of Rights and Freedoms cited by the plaintiffs.
Sharon Fox and Kevin Mellor, the lawyers for the five grieving families, confirmed their intention to take the case to the Saskatchewan Court of Appeal. They argue the core issue is whether a government can be held legally accountable for failing to address known safety risks.
A History of Warnings at a Fatal Intersection
The lawsuit centers on the intersection of Highways 335 and 35 near Tisdale, Saskatchewan. On April 6, 2018, the Broncos team bus was struck by a semi-truck driven by Jaskirat Singh Sidhu, who ran a stop sign. The collision killed 16 people and injured 13 others. Sidhu later pleaded guilty to 29 charges and was sentenced to eight years in prison.
The legal claim argues the Saskatchewan government was aware the intersection was hazardous but did not take corrective action. Fox pointed to a tragic precedent: more than 20 years prior, a family of six from British Columbia died in an accident at the same location. An RCMP investigation following that crash reportedly made recommendations to improve sight lines at the intersection.
"That intersection remained unsafe despite repeated warnings for over 20 years," Fox stated. She emphasized that the province only made the recommended changes to improve visibility after the Broncos tragedy. "How many tragedies occur where people are aware of or have discovered that the government knew there was a safety issue and ignored it for 20 plus years," she asked.
Legal Journey and Next Steps
The lawsuit was initially filed against Sidhu, the trucking company Adesh Deol Trucking Ltd., and the bus manufacturer. The Saskatchewan government was added as a defendant in 2020. The government's defense has consistently relied on the protections offered by provincial no-fault insurance laws.
With the appeal now in motion, the families seek to challenge the interpretation of these laws and establish a duty of care. This next phase in the courts will determine if the legal argument regarding governmental responsibility for long-ignored infrastructure risks can proceed.
