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Fond-du-Lac plane crash passengers file class-action lawsuit

Six passengers from a downed flight near Fond-du-Lac, Sask., have filed a class-action lawsuit. Transportation Safety Board of Canada / Supplied

Six passengers from a downed flight near Fond-du-Lac have filed a class-action lawsuit, along with their families, against West Wind Aviation and its majority shareholder Athabasca Basin Development.

Canada’s Transportation Safety Board continues its investigation into the cause of the crash but so far has ruled out engine failure.

READ MORE: TSB eliminates engine failure as cause of plane crash in northern Saskatchewan

Transport Canada suspended the airline’s operator certificate shortly after the crash and grounded its planes.

In the lawsuit filed Wednesday by Tony Merchant of Merchant Law Group, the 13-page document alleges that West Wind was negligent because the aircraft used on Dec. 13, 2017, was too large for the length of the runaway in the northern Saskatchewan community.

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It also cites other safety concerns including that the company failed to properly load and distribute the weight of the passengers and freight with appropriate care.

READ MORE: Transport Canada suspends airline’s licence after northern Saskatchewan plane crash

According to Merchant, the three crew on board also failed to warn the 22 passengers on the ill-fated flight that there were any problems.

Several passengers suffered serious injuries and Arson Fern Jr., 19, later died.

Arson Fern Jr., a passenger on the West Wind Aviation plane that crashed in northern Saskatchewan on Dec. 13, 2017, later died in hospital from his injuries. Gofundme / Supplied

“There was no engine failure, there was no pilot error and plane crashed through a combination of weight and weather,” Merchant said.

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“That they ought not to have been operating that plane in these circumstances on that day.”

While only six people have signed the class-action lawsuit, the suit will be on behalf of all passengers aboard the flight.

Merchant said damages being sought for each person as part of the lawsuit have yet to be determined, a figure that will be based on their recovery.

WATCH BELOW: Plane with 25 people on board crashes in northern Saskatchewan

Click to play video: 'Plane with 25 people on board crashes in northern Saskatchewan' Plane with 25 people on board crashes in northern Saskatchewan
Plane with 25 people on board crashes in northern Saskatchewan – Dec 14, 2017

A spokesperson for West Wind Aviation provided the following comment to Global News in response to the lawsuit.

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“We are hearing that legal proceedings may be initiated – if this does come to pass, we certainly will respect the legal process and its due diligence processes,” Dennis Baranieski, vice-president of business development and corporate services, said.

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