Saskatchewan Appeal Court removes injunction, allows Broncos lawsuit to proceed

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Saskatchewan Appeal Court removes injunction, allows Broncos lawsuit to proceed
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The Saskatchewan Court of Appeal has set aside a temporary injunction that halted a lawsuit filed by some parents of those who died in the Humboldt Broncos bus crash.

Sixteen people were killed and 13 were injured when an inexperienced truck driver went through a stop sign and into the path of the junior hockey team’s bus at a rural intersection near Tisdale, Sask., on April 6, 2018.But a lawyer for a proposed class-action lawsuit by other families argued successfully last year that the original lawsuit should be put on hold until the court decides whether or not to certify the class action.

“I reject the characterization of the stay order as having only a trifling or limited effect on the ability of the … plaintiffs to prosecute their action.” “This is not a situation where that party can be said in any way to be seeking to abuse the court’s processes by pursuing an individual action in the face of a proposed class action.”

“They’ll be happy that the decision went their way and they can proceed with their lawsuit,” he said. “Apart from the Herold litigants, all the other individual claimants collectively agreed to pause their lawsuits pending the outcome of the proposed class action’s application for certification,” said Rice, who noted the certification hearing was held in April.

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