COLUMBIA ICEFIELD – Several companies, including the operators of the all-terrain Ice Explorer and the unidentified bus driver, have been listed in a class-action lawsuit filed by a survivor of the fatal Columbia Icefield bus crash.
On Aug. 6, the Court of Queen's Bench received the statement of claim, which alleges the eight defendants acted recklessly and unreasonably in relation to the accident, which killed three people and critically injured 14.
"The accident was caused solely by the negligence, gross negligence, or intent ... no waiver of liability between the plaintiff and class members and the defendants can serve to limit liability," the claim reads.
The fatal crash was first reported through Jasper RCMP on July 18.
At the time, RCMP detachments from Banff, Jasper and lake Louise, Lake Louise and Jasper Fire Departments, Parks Canada and EMS from Jasper, Lake Louise, and Banff were all dispatched to the scene.
Out of the 27 passengers, 24 were injured, 14 sustained life-threatening injuries and three people died.
One of the deaths was Dionne Durocher, of Canoe Narrows, Sask.
The main plaintiff listed in the lawsuit is Devon Ernest, from North Battleford, Sask., Durocher's boyfriend, who said he stayed by her side in the wreckage until her death.
Defendants listed in the claim include Viad Corp., Glacier Park Inc., Brewster Travel Canada Inc., Brewster Inc., Brewster Tours Inc., Banff-Jasper Collection Holding Corp., ABC Corporation, and the bus driver, who is currently listed as Jane Doe, until her identity becomes known.
In the claim, Ernest stated he bought himself, Durocher, and his cousin Winnie Ernest, who was still in the hospital at the time of filing, a three-day trip using an online booking and reservation service. Included in the package was a trip to the Banff gondola, a cruise to Maligne Lake in Jasper and a tour of the Athabasca Glacier.
After completing the first two activities, Ernest said he and his group missed the first shuttle bus for the Ice Explorer Glacier Tour and scheduled a later bus.
"When boarding the tour bus, all passengers were informed that the tour bus has a maximum speed of 40 kilometres per hour and that the tour bus relied on the transmission to slow down," the claim reads.
"Shortly after the remarks by the tour bus operator, Jane Doe, the tour bus was traveling much faster than any previous point of the tour to that time. Shortly after the tour bus began increasing in speed, the front tire of the tour bus proceeded to go over the embankment on the road. [Ernest] was ejected from his seat and hit the roof of the tour bus. [He] lost consciousness."
It is noted in the lawsuit that the tour bus did not have seatbelts or rails, and none of the coaches operated, purchased, used, or maintained by the defendants have seatbelts.
It also notes the bus driver attempted to brake but was unable to reduce speed.
"The tour bus lost traction with the road. The front right tires then approached the embankment and then went over the embankment," the claim reads.
The claim states that the tour bus rolled four to six times, with at least two full rotations in the air, before landing upside-down.
The allegations have yet to go through court.
"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," Pursuit Collection senior manager, Tanya Otis, said in an emailed statement.
"While we continue to provide support to guests and staff involved in this accident, we are unable to comment on any pending litigation."
On July 19, Pursuit Banff Jasper Collection, which operates Columbia Icefield Adventure and the Glacier Skywalk, announced the suspension of its operations to allow officials to investigate.
The incident occurred three months after Pursuit reopened, having shut down in March due to COVID-19.
Previously the coaches held 56 passengers and a driver, but due to the pandemic, the capacity was reduced to 26 passengers and a driver that day.
– The story will be updated as more information becomes available.
