A Regina judge has dismissed a lawsuit brought by families of victims of the Humboldt Broncos bus crash against the Government of Saskatchewan, ruling they lack the legal standing to sue the province.
Charter Challenge Rejected by Court
In a decision from the Court of King's Bench in Regina, Justice Graeme Mitchell granted a request to dismiss the plaintiffs' filing and awarded costs to the defendants. The lawsuit was initiated by the parents of four players and one assistant coach killed in the 2018 collision.
The plaintiffs had argued that provincial legislation, specifically the Automobile Accident Insurance Act (AAIA), which bars them from suing the province, violated their rights under the Charter of Rights and Freedoms. They contended that their rights to life, liberty, and security of person were infringed because the act "immunizes" Saskatchewan from negligence lawsuits.
Judge Finds Argument "Wholly Lacks Merit"
Justice Mitchell struck down this argument, writing that a law prohibiting a tort action to recover damages does not engage the relevant sections of the Charter. "I am persuaded that the plaintiffs’ challenge to section 40.1 of the AAIA based on section 7 of the charter wholly lacks merit," he stated in his December 16 decision.
Mitchell noted that courts in both Ontario and Quebec have reached similar conclusions in comparable cases. The province maintained throughout the proceedings that Saskatchewan's no-fault insurance system legally prohibits the government from being sued.
Background of the Legal Action
The legal action was first launched in July 2018 by the parents of player Adam Herold. The original defendants included the semi-truck driver, Jaskirat Singh Sidhu; the trucking company, Adesh Deol Trucking Ltd.; and the bus manufacturer. The Government of Saskatchewan was added as a defendant in March 2020.
Joining the Herold family as plaintiffs were the parents of players Jaxon Joseph, Logan Hunter, and Jacob Leicht, along with the parents of assistant coach Mark Cross.
The tragic collision occurred on April 6, 2018, near Tisdale, Saskatchewan, when Sidhu's semi-truck ran a stop sign and collided with the team bus. The crash claimed 16 lives and injured 13 others. Sidhu later pleaded guilty to 29 charges and was sentenced to eight years in prison.
Plaintiffs' lawyers had also argued the province ignored prior warnings about the dangerous intersection where the crash happened. With this ruling, the families' path to seek damages directly from the provincial government through this lawsuit has been closed.
