REGINA — The Saskatchewan Court of Appeal has set aside a temporary injunction that halted a lawsuit filed by some parents of those who died in the Humboldt Broncos bus crash.
Sixteen people were killed and 13 were injured when an inexperienced truck driver went through a stop sign and into the path of the junior hockey team’s bus at a rural intersection near Tisdale, Sask., on April 6, 2018.
A few months after the crash, a lawsuit was brought by families of five who died.
But a lawyer for a proposed class-action lawsuit by other families argued successfully last year that the original lawsuit should be put on hold until the court decides whether or not to certify the class action.
In a decision released Tuesday, the Court of Appeal ruled the judge who granted the temporary injunction made an error.
“The effect of the stay … is significant. It bars completely their access to the court — a right that is not to be lightly interfered with,” wrote Justice Robert Leurer.
“I reject the characterization of the stay order as having only a trifling or limited effect on the ability of the … plaintiffs to prosecute their action.”
Leurer said there is no reason why the court should rule in favour of the class action over the original lawsuit.
“This is not a case where that party has a small or trifling claim.”
He said although the stay was meant to be temporary and would have expired after certification was decided, it may have lead to a lengthy delay.
“A stay is inappropriate without considering the financial and psychological consequences,” he wrote.
“This is not a situation where that party can be said in any way to be seeking to abuse the court’s processes by pursuing an individual action in the face of a proposed class action.”
The early lawsuit represents the families of assistant coach Mark Cross, 27, from Strasbourg, Sask.; Jaxon Joseph, 20, of St. Albert, Alta.; Logan Hunter, 18, of St. Albert, Alta.; Jacob Leicht, 19, of Humboldt, Sask.; and Adam Herold, 16, of Montmartre, Sask.
It names as defendants the truck driver, the Calgary-based company that employed him, the bus company and the Saskatchewan government.
The class action lists as defendants the Saskatchewan government, the truck driver and his employer.
Other lawsuits related to the crash were also filed. But John Rice, a Vancouver lawyer working on the class action, has previously said their representatives agreed not to bring the cases forward until after a certification hearing.
Although duplicate proceedings are generally undesirable, the judge said, they are not prohibited.
“There are many circumstances in which, in the balancing of the competing interests, they are permitted. This is one such case.”
Jaskirat Singh Sidhu, the trucker who caused the crash, was sentenced to eight years in prison after he pleaded guilty to dangerous driving charges. In July, he was granted day parole for six months.
— By Bill Graveland in Calgary
This report by The Canadian Press was first published September 20, 2022.
The Canadian Press
Most Canadians may be unaware that a Citizen-Led Inquiry into Canada’s COVID-19 Response is underway. The first hearing which took place in Truro, Nova Scotia has already provided the five Inquiry Commissioners with hours of evidence to consider.
Hearings are also scheduled for Toronto, Winnipeg, Saskatoon, Red Deer, Vancouver, Quebec City, and finally Ottawa. The second round of hearings starts Thursday, March 30 in Toronto. On the eve of this, the National Citizens Inquiry has released a statement from renowned Canadian psychologist Jordan Peterson. Below in his message to the commissioners, Dr. Peterson outlines all the reasons this inquiry is so important.
Canada’s federal and provincial governments’ COVID-19 policies were unprecedented. These interventions into Canadians’ lives, our families, businesses, and communities were, and to great extent remain, significant. In particular, these interventions impacted the physical and mental health, civil liberties and fundamental freedoms, jobs and livelihoods, and overall social and economic wellbeing of nearly all Canadians.
These circumstances demand a comprehensive, transparent, and objective national inquiry into the appropriateness and efficacy of these interventions, and to determine what lessons can be learned for the future. Such an inquiry cannot be commissioned or conducted impartially by our governments as it is their responses and actions to the COVID-19 which would be under investigation.
The National Citizen’s Inquiry (NCI) is a citizen-led and citizen-funded initiative that is completely independent from government. In early 2023, the NCI will hear from Canadians and experts and investigate governments’ COVID-19 policies in a fair and impartial manner.
The NCI’s purpose is to listen, to learn, and to recommend. What went right? What went wrong? How can Canadians and our governments better react to national crises in the future in a manner that balances the interests of all members of our society?
Canadian psychologist, Dr. Jordan B. Peterson who is also an author, online educator, and Professor Emeritus at the University of Toronto spoke out about the Canadian response to COVID-19.
Dr. Peterson’s prerecorded testimony was directed to the five Commissioners at the National Citizens Inquiry in Truro, Nova Scotia.
The National Citizen’s Inquiry Hearings Event in the city of Toronto, Ontario Canada.
This event takes place starting March 30th to April 1st 2023.
Hearings go from 9:00am – 5:00pm Eastern Time.
You can register to attend the event here.
The hearing schedule is here.
LOUISEVILLE, Que. — A Quebec provincial police officer has been killed while trying to arrest a man at a home in the province’s Mauricie region Monday night.
The police force confirmed in a news release today the death of Sgt. Maureen Breau, an officer with more than 20 years of experience.
The 35-year-old male suspect was later shot and killed by other officers who arrived on the scene in Louiseville, Que., about 100 kilometres northeast of Montreal.
Quebec’s police watchdog, which is investigating, says Breau and another officer were arresting the man at about 8:30 p.m. for uttering threats when he grabbed a knife and stabbed Breau.
The watchdog, the Bureau des enquêtes indépendantes, says another pair of officers arrived shortly afterwards, and one of them fatally shot the suspect.
Police say another officer was injured during the intervention, but their life is not in danger.
This report by The Canadian Press was first published March 28, 2023.
The Canadian Press
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