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

New welding equipment for Hope Secondary

More time on welders for Hope high school students, thanks to new gear

Hope teens headed to BC Winter Games

Julius Brysch, 14, and Danielle Bacon, 13, are in Kamloops this weekend

UPDATE: 10-20 cm of snow expected Friday in Lower Mainland

Snowfall warning in effect from North Shore mountains out to Hope

Parents cross over painting job on 6 Ave. crosswalks

Crosswalks, not painted since September, are a safety concern for two parents

Yale First Nation project preserves elders’ memories and recipes

Community members are encouraged to share their traditional food recipes by Feb. 28

VIDEO: “Being Ts’elxweyeqw” book officially launched

Ts’elxwéyeqw tribe captures history with new book in a manner true to cultural form

Federal budget to unveil incentive for 5-week second parent leave: official

Goal behind the measure is to give parents more incentive to share child-rearing responsibilities

Notley says Alberta watching B.C. court bid closely, will get no free ride on it

Alberta Premier Rachel Notley ended the three-week ban on B.C. wine, calming the trade war

Trudeau ends troubled India trip in his comfort zone of hockey and youth

The players, 18-25, came to New Delhi from Ladakhi in northern India, as part of outreach program

OLYMPIC ROUNDUP: Kim Boutin named Canada’s flag bearer for closing ceremony

Two more medals for Canada, including the bronze in men’s hockey

Team Canada’s Dave Duncan apologizes after drunken joyride in Pyeongchang

Duncan, his wife Maja and Canadian technical coach William Raine detained by South Korean police

Heavy snowfall for Coquihalla

Kelowna - Snowfall is expected to continue on the highway until Sunday

Czechmate: Canada wins men’s Olympic hockey bronze

Vernon’s Andrew Ebbett scores twice as Canada beats Czech Republic 6-4

Canucks fold 5-3 in first ever trip to Vegas

Daniel Sedin had two points as Canucks fall to the Golden Knights Friday night

Most Read