A rolled-over tour bus rests where it fell on the Columbia Icefield near Jasper, Alta., Sunday, July 19, 2020. A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield. THE CANADIAN PRESS/Jeff McIntosh

Class-action lawsuit filed on behalf of passengers in fatal Alberta Icefield bus crash

Three people were killed and 14 others suffered life-threatening injuries on July 18

A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield.

Three people were killed and 14 others suffered life-threatening injuries on July 18 when the red-and-white, all-terrain Ice Explorer lost control while carrying passengers on the road to the Athabasca Glacier.

The bus rolled about 50 metres down a moraine embankment before coming to rest on its roof. The bus was carrying 27 people.

Named in the statement of claim filed in Calgary are Brewster Travel Canada Inc., Viad Corp, Glacier Park Inc., Brewster Inc., Brewster Tours, Banff-Jasper Collection Holding Corp. and the unidentified driver of the coach.

“The defendants knew or ought to have known that there was a significant risk to the plaintiff and class members and that the accident was a reasonably foreseeable result of failing to take adequate measures to prevent such incidents,” reads the claim.

“The accident was caused solely by the negligence, gross negligence, or intent of the defendants.”

None of the allegations has been proven in court.

READ MORE: Glacier sightseeing bus rolls in the Alberta Rockies killing 3 and injuring others

A spokeswoman for Pursuit, the company that runs the Columbia Icefield tours, said it couldn’t comment on pending litigation.

“We continue to actively support a transparent and multi-agency investigation into the cause of this tragic accident. The results of this investigation, once completed, will be shared with the public,” Tanya Otis said in an email.

The lead plaintiff is Devon Ernest, 22, from North Battleford, Sask., who was on the tour with his girlfriend, Dionne Durocher of Canoe Narrows, Sask., and his cousin Winnie Ernest.

Durocher died at the scene.

“I’m not doing so good. I’m just trying to hold on,” Ernest told The Canadian Press.

He suffered a concussion, a fractured wrist and lacerations to his head and hands.

“Someone was at fault. Someone or something could have been changed,” Ernest said.

“I don’t know how this happened.”

Ernest said the driver gave limited safety instructions before the bus took off. He said she pointed out the rear exit and how to open windows.

Rick Mallett, a litigation lawyer with James H. Brown and Associates in Edmonton, said in an interview, that the accident should never have happened.

“It’s such a tragic outcome for the people that were there for a fun time, especially during this whole COVID situation,” Mallett said.

“It went so terribly wrong, so we took a look at it right away.”

The class action, which so far includes 10 of the 27 people on the bus, must be approved by a judge if it is to go ahead.

It notes there were no seatbelts on the coach and alleges the driver appears to have lost control when going down a steep incline.

“The operator of the tour bus, the defendant Jane Doe, attempted to brake, but was unable to reduce the speed of the tour bus. The tour bus lost traction with the road. The front right tires then approached the embankment and then went over the embankment,” reads the statement of claim.

RAED MORE: No cause yet for bus crash that killed three near glacier

“The tour bus went over the side of the embankment and rolled over four to six times, with at least two rotations occurring in the air, before coming to a stop on its roof.”

The statement alleges the defendants failed to enact protective measures to prevent the accident.

“The defendants acted recklessly and unreasonably in failing to take reasonable steps to ensure that the tour bus and road were properly maintained, the operator of the tour bus was qualified and taking proper precaution and due care when operating the tour bus, and that the tour bus itself was properly maintained and in suitable mechanical condition.”

Mallett said the RCMP have checked out the bus at a secure location and his law firm will have a mechanic and an accident reconstructionist look at it.

“Was there driver error? What about the mechanical issues? What about the general design of the tour itself and the embankment the tour bus went over?” he said.

The Columbia Icefield is one of the largest non-polar icefields in the world. It spills down from the mountains about 100 kilometres south of Jasper.

Otis said in her email that the buses would not operate for the rest of the 2020 season.

Bill Graveland, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Alberta

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Willie Mitchell’s Fish for the Future catch-and-release derby nets $60,000 for wild salmon

“I liked releasing the fish because I know there are not that many salmon left.”

North Island All Candidates Meeting scheduled virtually for Oct. 14

‘our local candidates for the B.C. Provincial Election will be joining us’

Abandoned Neucel mill in Port Alice to cost at least $17 million to decommission

Removing hazardous waste and de-risking the site ratchet up bill to taxpayers

Growing food sovereignty at Klemtu

Greenhouse and grow boxes help create circular food economy for Kitasoo/Xai’xais First Nations

B.C. salmon farms challenge activists’ demands for site closures

News reporting also unfair, inaccurate and distorted

B.C. counts 125 new COVID-19 cases, up to 1,284 active

No new deaths or health care facility outbreaks

Missing mushroom picker in northern B.C. found dead

Witset elder found deceased in Price Creek area more than two weeks after he vanished

BC Greens focus on long-term care reform in first platform promise

Greens have promised to move away from the for-profit care home model

‘It’s a nightmare’: Northern B.C. family desperate after living in hotel for a year

Renae Podgorney says because of a lack of rentals, she’s now applying to rent a one-bedroom unit

Costs climb to more than $100K for BC SPCA to care for animals in B.C. farm seizure

Eight puppies, of the 97 animals seized have now died from parvovirus enteritis

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. VOTES 2020: Wilkinson to stop 24-hour camping in city parks

Ban on ‘unsafe roadside panhandling’ to be enforced

Be prepared and drive safely, say BC RCMP as winter draws closer

Police provide list of ways to stay safe while driving in winter conditions

Lessons from a pandemic: How to design a nursing home that’s safe and love-filled

A look at how one care home is battling the pandemic with the social needs of the elderly in their care

Most Read