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

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

Just Posted

Toronto-based director Michelle Latimer was recently scrutinized after years of claiming she was of Algonquin and Metis descent. (CANADIAN PRESS/Chris Young)
Haida activist calls for hefty fines, jail time against those who claim to be Indigenous

Filmmaker Tamara Bell proposing the Indigenous Identity Act – to dissuade ‘Indigenous identity theft’

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Administering naloxone to a person experiencing a benzo-related overdose event won’t help. Naloxone is used to neutralize opioids. (Jenna Hauck/The Progress file photo)
Northern Health warning drug users of potential benzo contamination

The drug does not respond to naloxone, and is being included in street drugs

Businesses continue to struggle under COVID-19 restrictions as the pandemic reaches the one-year mark. (B.C. government)
Another 564 COVID-19 cases, mass vaccine plan coming Friday

15 more deaths, community cluster declared in Williams Lake

A specialized RCMP team is investigating a suspicious trailer, which might have connections to the illicit drug trade, found abandoned outside a Cache Creek motel. (Photo credit: <em>Journal</em> files)
Police probe U-Haul trailer linked to illicit drugs left outside Cache Creek motel

Hazardous materials found inside believed to be consistent with the production of illicit drugs

Premier John Horgan leaves the podium following his first press conference of the year as he comments on various questions from the media in the Press Gallery at B.C. Legislature in Victoria, B.C., on Monday, January 13, 2020. THE CANADIAN PRESS/Chad Hipolito
Interprovincial travel restrictions a no-go, Horgan says after reviewing legal options

The B.C. NDP government sought legal advice as concerns of travel continue

Gem Lake Top, at Big White Ski Resort, seen at Jan. 8. (Big White Ski Resort)
Big White cancels $7.3M in lift tickets, accommodations due to COVID-19 orders

Since November, the ski resort has been forced to make several changes

Darlene Curylo scratched a $3M ticket, BCLC’s largest ever scratch and win prize. (BCLC)
Kelowna woman in shock after winning BCLC’s largest-ever instant-ticket prize

Darlene Curylo couldn’t believe her eyes when she saw the amount of money she’d won from a scratch ticket

While each person has different reasons for becoming homeless, a UBCO study shows they learn through their interactions with different services to perform ‘as homeless’ based on the expectations of service providers. (Contributed)
Kelowna homeless forced to ‘perform’ for resources, says UBCO study

One participant in the study said ‘It is about looking homeless, but not too homeless’

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Mowi Canada West’s Sheep Pass salmon farm, the company’s final B.C. operation to receive certification from the Aquaculture Steward Council. The Canadian Federation of Agriculture (CFA) is questioning a government decision to phase out salmon farms in the Discovery Islands. (Photo supplied by Mowi Canada West)
Canadian Federation of Agriculture backs B.C. salmon farmers

Letter to prime minister calls for federal “champion” for aquaculture growth

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns, apologizes for ‘tensions’ at Rideau Hall

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Most Read