Saskatchewan Court of Appeals lifts injunction, allows Broncos trial to proceed IG News

Irshadgul News report,

The Saskatchewan Court of Appeals has struck down a temporary injunction that halted a lawsuit filed by some of the parents of those killed in the Humboldt Broncos bus accident.

Sixteen people are killed and 13 injured when an inexperienced truck driver drives through a stop sign and en route to a junior hockey team bus at a rural intersection near Tisdale, Sask., on April 6, 2018.

A few months after the accident, a lawsuit was brought by the families of the five who died.

But a lawyer for a proposed class-action lawsuit by other families successfully argued last year that the original lawsuit should be put on hold until the court decides whether to substantiate the class action.

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In a ruling issued Tuesday, the Court of Appeal ruled the judge who granted the temporary injunction made an error.

“The effect of staying … is significant. It completely precludes their access to court – a right that should not be interfered with lightly,” wrote Justice Robert Leurer.

“I disapprove of the characterization of the stay order as having only a small or limited effect on the plaintiff’s ability to prosecute his own action.”

Leurer said there is no reason the court should have ruled in favor of class action over the original lawsuit.

Click to play video: 'Semi-driver Jaskirat Sidhu to get 6 months parole for killing 16 people in Humboldt Broncos accident.'

Semi-driver Jaskirat Sidhu, who killed 16 people in the Humboldt Broncos accident, will get parole for 6 months.

Semi-driver Jaskirat Sidhu to get parole for 6 months for killing 16 people in Humboldt Broncos crash – July 21, 2022

“This is not a case where that party has a small or frivolous claim.”

He added that though the pause was temporary and will end after the certification is decided, it could lead to long delays.

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“It is unfair to stop without considering the financial and psychological consequences,” he wrote.

“This is not a situation where that party can in any way be called upon to seek abuse of court procedures by pursuing a personal action in the face of a proposed class action.”

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The initial lawsuit represents the families of assistant coach Mark Krauss, 27, from Strasbourg, Sask.; Jackson Joseph, 20, of St. Albert, Alta.; Logan Hunter, 18, of St. Albert, Alta; Jacob Leicht, 19, Humboldt, Sask K; and Adam Harold, 16, of Montmartre, Sask.

It named the truck driver, the Calgary-based company that employed him, the bus company, and the government of Saskatchewan as defendants.

The class action government of Saskatchewan, the truck driver and his employer are listed as defendants.

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Other cases related to the accident were also registered. But John Rice, a Vancouver attorney working on the class action, has previously said his representatives have agreed not to pursue matters until after the certification hearing.

Although duplicate proceedings are generally undesirable, the judge said, they are not prohibited.

“There are many circumstances in which, in the balance of competing interests, they are permitted. This is one such case.”

Truck driver Jaskirat Singh Sidhu, who caused the accident, was sentenced to eight years in prison after being convicted of dangerous driving. In July, he was granted day parole for six months.

© 2022 Canadian Press


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