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

UPDATE: Red Deer RCMP don’t believe Coronation Park death is suspicious

Male is being transported to Calgary for autopsy

Ponoka County fire crews handle second baler fire in 12 hours

Fire crews handled a baler fire just west of Gull Lake

Red Deer RCMP ask for assistance to ID suspect in indecent acts

The suspect exposed himself to a woman and made sexual comments to her

Red Deer Chamber Awards recognize outstanding businesses

The 37th Annual Business Awards saw five recipients take home prestigious awards

Mellow opening to B.C.’s only legal pot shop

About five people lined up early for the opening of the BC Cannabis Store in Kamloops.

Trio of Saint Bernard find their ‘forever home’ after story goes viral

Edmonton Humane Society had put out the call to adopt Gasket, Gunther and Goliath

Nova Scotia works to stop underage online cannabis sales

The government cannabis retailer moves to prevent workaround of online-age verification

Carr, Morneau off to China next month to deepen commerce

Carr says Canada and China aren’t embarking on formal free trade talks

Edmonton girl guide sells out of cookies in front of cannabis store

On the first day cannabis was legal a young entrepreneur capitalized on cookie sales

Tougher laws introduced against bestiality, animal fighting

The Liberal government is proposing to strengthen the laws today

Money Monitor: Should you switch to a fixed-rate mortgage?

BMO’s Omar Abouzaher outlines the pros and cons of both types of mortgages

Black market will thrive until small pot growers and sellers included: advocates

Advocates say the black market will continue to thrive until small retail shops and craft growers are included in the regime.

Goodbye cable, hello Netflix: 1/3 of Canadians cut the cord

Just under half of households no longer have a landline phone

Most Read