First Nations leader who survived Tofino, B.C. seaplane crash sues operator

Nearly two years after a seaplane crash near Tofino, the company that operated the aircraft is facing a lawsuit.

Judith Sayers, president of the Nuu-chah-nulth Tribal Council has launched the lawsuit, claiming negligence.

It was July 26, 2021 when Sayers and her son boarded the Atleo River Air Service seaplane in Tofino bound for Hesquiaht Hot Springs to view a new run-of-river power project.

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During takeoff the plane lost control and crashed upside down in shallow water.

Sayers told Global News she thought she was going to die.

“I lifted my head out once, but it got too much water and I just couldn’t do it anymore,” she said.

“So I was out of air and I said, OK, I guess this is it, I just can’t breathe any more.”

Moments later, her son rescued her.

“He managed to get my head out of the water and then undid my seatbelt, so I fell down and then had to make my way out of the plane through the side window,” she explained.

An investigation by Canada’s Transportation Safety Board determined the aircraft’s rate of acceleration was slowed by a boat wake during take-off. It also noted how passenger weights can be underestimated.

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In her notice of claim filed in B.C. Supreme Court on July 4, Sayers alleges the plane crash was caused solely by the negligence of the defendants.

The suit alleges Atleo Air failed to provide adequate training to the pilot and a flight follower, both of whom are listed as John Doe and as defendants in the suit.

The suit further alleges Atleo failed to make modifications to the aircraft to facilitate egress, including failing to install quick release doors, push-out windows or high-visibility door handles.

Sayers said she hasn’t been on a plane since the incident, and is still recovering from various injuries, including to her back and shoulders.

She said she is hoping the suit will prompt safety improvements.

“Tofino Harbour needs to become safe, because there was another accident there four months later involving a float plane,” she said.

Atleo Air has not filed a statement of defence and did not respond to requests for comment.