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

Missing Nanaimo man found dead in woods at Westwood Lake

RCMP and Nanaimo Search and Rescue had been looking for 65-year-old Lionel Cayer

Charges laid following collisions between pickup and police vehicles

Majore Jackson, 32, and Andrew John Bellwood, 47, from Nanaimo, face numerous charges

Youth in care advocate for change

New youth advisory committee gets to work in Nanaimo

Two cars collide at Enterprise Way intersection

Accident happened Wednesday, April 25, just before 8:15 p.m. on the old Island Highway

UPDATE: Nanaimo RCMP say missing 13-year-old girl found

Police say Marley Warn is safe and sound

Unmarked police SUV with lights and siren on crashes at parkway intersection

Sport-utility vehicle and crossover collide at Aulds Road and Nanaimo Parkway

Beefs & Bouquets, April 26

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

B.C. skydiver lands safely after cutting away main chute

Greater Victoria emergency services called after witnesses saw spiralling chute

78 Mexican farmworkers displaced after fire tears through building on B.C. farm

Flames broke out Thursday morning in building that housed up to 80 workers at Abbotsford farm

Cartoonist captures public mood following Toronto, Humboldt tragedies

Cartoonist said he was trying to find a bit of positivity with an image that has garnered attention

Whitecaps host against Real Salt Lake looking to snap 3-game losing streak

Ending their losing streak is all the Whitecaps care about when they host Salt Lake in Vancouver

Montreal Habs goalie Carey Price stops by B.C. hometown for rodeo

Famous goaltender tries to blend in with the crowd at first BCRA-santioned event of the season

B.C. hires 20 more conservation officers

The province announces 12 new locations for conservation officer services this year

Most Read