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New Columbia Icefield crash lawsuit alleges operators were reckless and didn't maintain bus, driver was incompetent

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A lawsuit filed on behalf of seven passengers injured or killed in a crash during a tour of the Columbia Icefield this summer says the company was reckless and didn’t ensure the bus and road were safe and maintained.

According to a statement of claim filed in Edmonton earlier this month, the company did not properly inspect and repair the red and white off-road tour buses. It argues the bus did not have proper brakes, should have had seatbelts, and the driver was incompetent and not properly trained, among other claims. The lawsuit seeks more than $17 million in damages and is unrelated to an earlier class action suit.

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Statements of claim contain allegations not proven in court.

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Lawyer Basil Bansal with Diamond and Diamond Lawyers LLP told media in Edmonton Wednesday the crash was preventable.

“Many of the injuries sustained by the passengers were permanent and catastrophic,” he said.

Injuries include memory loss, concussions, vision problems, spinal injuries, anxiety, nightmares, depression, and post-traumatic stress disorder, Bansal said.

“In short, the company failed to mitigate against potential risk and owed the passengers of the bus a higher safety of care.”

Brewster Travel Canada Inc., Viad. Corp., Glacier Park, Brewster Inc., Brewster Tours Inc., Banff-Jasper Collection Holding Corp., and the driver, whose identity isn’t known, are listed as defendants.

Three people died and 14 were sent to hospital with critical injuries when the six-wheeled, 25,000-kilogram Ice Explorer vehicle rolled and crashed on the rocky terrain at the Columbia Icefield on a tour of the Athabasca Glacier in Jasper National Park on July 18.

Speaking of alleged problems with bus inspection and repairs, Bansal pointed to earlier media reports in which two former bus drivers told Global News the tour was a “harrowing journey” and that the safety of passengers has been an ongoing concern.

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A passenger of a previous bus tour in 2019 told Postmedia earlier this month the company didn’t take his safety concerns seriously after a tour bus malfunctioned and plummeted backwards down a hill at a high speed and was unable to stop. No one was injured in this incident.

Tanya Otis, spokeswoman for tour operator Pursuit Banff Jasper Collection, said in an email statement Wednesday the crash was tragic and they have extended condolences to everyone involved.

“Since the incident occurred, we have been committed to supporting those involved in the incident, their families and our staff with any immediate and ongoing needs,” she said.

“We continue to actively support a transparent and multi-agency investigation into the cause of this tragic accident.”

Otis did not offer an explanation as to how the company was supporting victims.

Crash victim with spinal injury weeps

Wearing a neck brace for a spinal injury, Sweta Patel said Wednesday the months following the crash have been difficult. Both her uncle and friend died in the crash.

“It’s been a hard time for us. I have over 20 fractures, and the pain that I go through every day, it’s not easy,” she said through tears.

“I was a very fit person. I used to work every day. I used to do regular exercise, which I cannot do anymore. … I cannot move my neck for my life.”

lboothby@postmedia.com

@laurby

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