The wreckage of an aircraft is seen near Fond du Lac, Sask. on Thursday, December 14, 2017 in a handout photo. THE CANADIAN PRESS/Transportation Safety Board of Canada Handout

Plane ‘too heavy:’ Plane crash victims file class-action lawsuit

Passengers in the Fond du Lac crash in northern Saskatchewan file class-action lawsuit

Survivors of a plane crash in a remote community in northern Saskatchewan have filed a class-action lawsuit alleging the airline was negligent.

The claim against West Wind Aviation and Athabasca Basin Development, the airline’s majority shareholder, alleges that their acts or omissions harmed those on the plane.

The plaintiffs include six passengers who were on board the flight when it went down near the Fond du Lac airstrip shortly after taking off on Dec. 13.

Everyone on board escaped the wreckage, but seven people were seriously injured. One 19-year old man, Arson Fern Jr., later died in hospital from his injuries.

“We believe we can establish negligence,” said Regina lawyer Tony Merchant, who filed the lawsuit Wednesday on behalf of his clients.

Fern and his parents, Arson Fern Sr. and Janey Fern, are among the six plaintiffs in the lawsuit. The others are Tiffany Hanson of Stoney Rapids and Fond du Lac residents Carey Clayton Mercredi and Dakota McDonald.

The claim alleges the companies breached the standard of care by using a runway that was too short for the size and weight of the plane and by not having proper de-icing equipment. It also alleges the employees overloaded the plane with passengers and freight and failed to alert emergency officials quickly after the crash.

It suggests the passengers have suffered harm, including pain, increased medical expenses and loss of enjoyment of life.

West Wind Aviation has not yet responded to the claim. The airline did not immediately respond to requests for comment.

Merchant said one of his clients overheard a member of the flight staff say that the plane was “too heavy” before it departed. He said the airport has a short runway and doesn’t have de-icing equipment, which makes taking off in winter conditions more difficult.

“Fundamentally, there’s an issue with West Wind operating such a heavy airplane in that circumstance, going into Fond du Lac,” said Merchant.

He also said West Wind employees also didn’t give passengers warning of the crash and didn’t help once they were on the ground.

“They were working together in circumstances of fright and horror, darkness, the fear of an explosion. Some people were injured,” said Merchant. ”It all together is right out of an awful movie.”

None of the allegations has been proven in court.

Officials with the Transportation Safety Board are still investigating the crash. They have already said there was no engine failure, but haven’t said when a final report will be complete.

Merchant said his clients could wait for the report, but he believes that negligence can be established without it.

“I can’t imagine that they are going to come back and say everything is fine,” he said. “To say everything was fine is saying these planes are going to fall out of the sky once in a while — and that’s not the case — so they are going to identify something wrong.”

West Wind Aviation grounded its other twin-engine ATR42-320 planes after the Fond du Lac crash.

— By Colette Derworiz in Edmonton

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Volunteer crew ready to build wheelchair ramps for Langley amputee

Jean Moulton will soon have an easier time getting in and out of her home.

Affordable housing on agenda for next Langley Township council

Staff will work on a plan to create a “seniors village” project.

Terry Fox ran through the rain, ‘so can we’ – Langley participants

Attendance dropped for the cancer fundraiser in North Langley, but donations didn’t.

Cloverdale artist finds activism for autism through painting

Margaux Wosk wants to spread the word on what autistic people have to offer

Langley agency hosts health fair Saturday

There’s no need to leave the kids at home because there’s fun for them at the health fair.

U.S. congressman issues dire warning to Canada’s NAFTA team: time is running out

Canadian Foreign Affairs Minister Chrystia Freeland is expected to resume talks with the U.S.

21 new paramedics promised for B.C. Interior

A total of 18 new full-time paramedics will be hired for Kamloops and three are being hired for Chase.

Federal stats show slight increase in irregular migrant claims in August

113 extra people tried to cross the Canadian border last month

Tornado reported near B.C. lake

Environment Canada investigates, says a ‘possible’ tornado took place in Mission, by Hayward Lake

Work begins to remove cargo from grounded Haida Gwaii barge and fishing lodge

Westcoast Resorts’ Hippa Lodge broke from its moorings and ran aground early this month

Man convicted of manslaughter in 2016 belt-strangling death in Abbotsford

Shayne McGenn found guilty in apartment killing of David Delaney

Tilray to export cannabis formulation to U.S. for clinical trial

Marijuana remains illegal in most of the U.S.

Court of appeal grants injunction on Taseko’s exploratory drilling in B.C. Interior

The decision provides temporary protection and relief, said Chief Joe Alphonse

Most Read