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

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

Just Posted

Port Alberni’s first movie theatre, started before 1920, was originally located on First Avenue, across from Alberni Hardware. This photo is one of 24,000 included in the Alberni Valley Museum’s online archives, available for public viewing at https://portalberni.pastperfectonline.com. (PHOTO PN09360 COURTESY ALBERNI VALLEY MUSEUM)
LOOK BACK: Port Alberni’s first movie theatre

The Port Theatre was destroyed by a fire in 1952

The North Island College campus in Port Alberni is located on Roger Street. (SUBMITTED PHOTO)
North Island College to offer digital and in-person classes this fall

In-person classes will be able to resume in September

B.C. Centre for Disease Control data showing new cases by local health area for the week of May 2-8. (BCCDC image)
Vancouver Island COVID-19 local case counts the lowest they’ve been all year

On some areas of Island, more than 60 per cent of adults have received a vaccine dose

A nurse gets a swab ready to perform a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Island’s daily COVID-19 case count drops below 10 for just the second time in 2021

Province reports 8 new COVID-19 cases on Vancouver Island Wednesday

Ancient Forest Alliance campaigner Andrea Inness walks beside an enormous western red cedar stump in a BCTS-issued cutblock in the Nahmint Valley. (PHOTO COURTESY TJ WATT)
B.C. forestry watchdog finds lack of compliance in Nahmint logging

Forest Practices Board says old growth and biodiversity near Port Alberni are at risk

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Queen Elizabeth II and Clive Holland, deputy commonwealth president of the Royal Life Saving Society, top left, virtually present Dr. Steve Beerman, top right, with the King Edward VII Cup for his drowning-prevention work. Tanner Gorille and Sarah Downs were honoured with Russell Medals for their life-saving resuscitation. (Buckingham Palace photo)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Astra Zeneca vaccine waits for injection in a Feb. 3, 2021 file photo. A Langley man has become the second B.C. resident to suffer a blood clot following an injection. (AP Photo/Frank Augstein)
B.C. man required emergency surgery after AstraZeneca vaccination

Shaun Mulldoon suffered ‘massive blood clot’ after jab

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read