Survivor, families of passengers who died, take Northwestern Air Lease Ltd. to court for 2024 crash | CBC News
Listen to this article
Estimated 3 minutes
The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.
It was an early morning in January 2024, when five people boarded a Northwestern Air Lease plane at Fort Smith airport, heading to work at the Diavik Diamond Mine.
The flight crashed moments after taking off. Two crew members and four passengers died. One person survived.
Family members of the passengers who died, as well as the sole survivor, Kurt MacDonald, are now taking the airline to court — as first reported by Cabin Radio.
They claim Northwestern Air Lease Ltd. did not train its crew properly and that crews did not follow standard operating procedures.
“Among other things, the flight crew did not properly configure the aircraft for takeoff, or clear accumulated ice and snow from the wings,” the statement of claim reads.
The lawsuit, filed Jan. 16 in the Supreme Court of the Northwest Territories, claims accumulated snow and ice impacted the plane’s ability to gain altitude.
“After takeoff, the flight crew did not properly determine the reason the aircraft was unable to climb. The flight crew was distracted from other possible examinations for the aircraft’s performance by the snow and ice they had left on the wings,” the document reads.
The airline company has not filed a statement of defence and did not respond to CBC’s request for comment. The allegations have not been tested in court.
Victims claim ‘negligence’
The four passengers who died in the crash were Shawn Krawec, Howard Benwell, Joel Tetso and Diane Balsillie.
Family members of those passengers claim the crash happened because of the airline’s “negligence.”
The court document also claims the captain and first officer — who both died in the accident — did not meet the standard of care expected of commercial pilots, such as following training, applying anti-icing fluids to the wings and aborting takeoff.
The lawsuit does not mention a dollar amount but family members are claiming damages such as loss of financial support, loss of companionship and funeral costs.
There were seven people on that Northwestern Air Lease Plane, community members whose presence is missed by family and friends. Carla Ulrich tells us how Fort Smith is remembering them.
MacDonald, who was working as an electrician at Diavik before the accident, is claiming damages for physical and psychological injuries.
MacDonald has not been able to return to work because of his injuries and has limited prospects because of the accident, according to the lawsuit.
It also says his wife has lost income because she changed jobs so she could stay at home and provide care for MacDonald.
Northwestern Air Lease Ltd. has 25 days to appear before the court or file a defence statement from the time the claim was filed Jan. 16.