Family launches lawsuit in ORNGE crash
Transport Canada and agency turned blind eye to safety, parents and daughter allege
OTTAWA— The family of a medic killed in the crash of an ORNGE helicopter is suing the air ambulance agency and the federal government, alleging the pilots lacked the proper training and that Transport Canada allowed the agency’s unsafe operations to continue for years.
The 2013 crash of the ORNGE air ambulance that killed Chris Snowball and three others in northern Ontario was “completely avoidable,” charges the statement of claim that was filed last week.
“The defendants knew there were significant safety problems at (ORNGE) for years yet did nothing to correct them and in fact allowed them to continue, consciously choosing to court the risk of a disaster such as this,” the court papers allege. The documents claim that ORNGE and Transport Canada both turned a “blind eye” to safety problems that put the lives of employees and patients at risk.
The statement of claim names ORNGE along with two unnamed Transport Canada officials. The lawsuit demands disclosure of the names of inspectors involved in oversight of the agency in the three years leading up to the crash.
It was filed on behalf of Snowball’s parents, John and Deborah Snowball, and his 19-year-old daughter. They are seeking a total of $3.7 million in damages.
The court action comes about a month after the Transportation Safety Board released the results of its own lengthy probe of the accident.
The Sikorsky S-76A helicopter had been dispatched on a night flight from its base in Moosonee to pick up a patient in Attawapiskat.
But the aircraft crashed soon after takeoff, killing Snowball and fellow medic Dustin Dagenais along with Capt. Don Filliter and First Officer Jacques Dupuy.
The board concluded that the helicopter’s inadvertent descent was not detected by the pilots because of the darkness and the lack of visual cues outside the cockpit.
But the safety board said the cause of the accident went far beyond the actions of the two pilots. It noted that ORNGE did not have experienced personnel to run its helicopter operations, operating procedures were inadequate and the two pilots lacked experience flying at night and in instrument conditions.
And it revealed that Transport Canada inspectors knew of the problems and indeed considered shutting ORNGE helicopter operations down until they could be fixed, but instead opted for a more co-operative approach that allowed the shortcomings to continue.
The statement of claim highlights those problems, alleging that ORNGE failed to ensure the pilots had the necessary training and experience to safely conduct the flight. And it says poor supervision allowed “two inexperienced or insufficiently trained pilots” to be paired together for the flight.
It charges that ORNGE was more concerned with the bottom line, paying “exorbitant” salaries to senior executives rather than invest in its operations.
“Money their executives should have spent on safety, they spend on themselves,” the suit said.
The statement of claim also takes aim at Transport Canada, claiming that the federal regulator was “negligent” for not forcing the air ambulance agency to correct deficiencies “despite being aware for years that (ORNGE) was not in compliance with applicable regulations and company requirements.
“Transport Canada pressured its inspectors to permit (ORNGE) to continue to operate despite known safety deficiencies and the inspectors yielded to such pressure,” the suit claims.
Christopher Du Vernet, a Mississauga lawyer acting for the family, said the release of the safety board report was a catalyst for the family to launch legal action.
“When the report came out, the trauma really turned to anger because they realized there were just so many mistakes, that this was an accident that easily could have been avoided,” he said in an interview.
He said Canadian air travellers assume that Transport Canada has done its job.
“Most of the time it does but when it doesn’t, people die,” Du Vernet said. “I think it’s a terrible reminder that constant vigilance is required by regulators.”
The allegations outlined in the statement of claim have not been proven in court.
Transport Canada declined to comment this week because the matter is before the courts.
ORNGE confirmed Tuesday that it had received the statement of claim from the Snowball family.
“Our hearts go out to his family, as they have suffered a tragic loss,” ORNGE spokesman Joshua McNamara said in an email.
“Since this matter is before the courts, it would be inappropriate to provide further comment,” he added.