WestJet Airlines Ltd. faces at least one lawsuit that stems from an August 2023 incident, when one of its planes collided with a parked CC-130H Hercules military plane at Comox Airport prior to a planned departure to Edmonton.
The company told BIV in an email that "WestJet does not comment on matters before the courts."
Margo Robichaud filed her lawsuit July 30 in BC Supreme Court, alleging that she was a passenger in the WestJet plane and that she was injured in the Aug. 8, 2023 incident.
While Robichaud did not specify exactly how she was injured, she alleged that she hurt her neck, and that this has caused headaches, anxiety, chronic pain, chronic fatigue, sleep disruption and other injuries that she will be able to demonstrate through medical reports.
"The injuries have caused and continue to cause the plaintiff pain, suffering, loss of enjoyment of life, permanent physical disability, loss of physical, mental and emotional health, loss of earnings, past and prospective, loss of competitive advantage, loss of opportunity to earn income, loss of income earning capacity and a shortened working life," she wrote in her notice of civil claim.
In addition to suing WestJet, Robichaud is also suing the King in right of Canada, as represented by the Department of National Defence (DOD) as well as two John Does, who represent pilots of each of the two planes.
She alleged "negligence and/or breach of duty" against WestJet for what she called creating circumstances that led to the collision. That included failing to maintain a lookout during ground operations, including while taxiing its aircraft. She said its plane was either travelling at an excessive rate of speed or a speed too slow for the circumstances, and that the pilot operated without due care and attention.
Robichaud alleged that the pilot may have been "impaired by drugs, alcohol and/or fatigue" or that the pilot may have been "distracted by an electronic device, radio, food, drink and/or conversation."
DOD was named as a defendant because Robichaud said it operates the military-controlled airfield and should have properly managed air traffic. It should have ensured that the stationary military plane was "properly parked in a designated and safe location with adequate clearance" for the WestJet plane, Robichaud said.
None of the allegations has been tested in court.
Robichaud did not specify how much money she wants as compensation, only saying that she is seeking general and special damages, costs for health-care services and interest.
The incident generated attention when it happened.
The Times Colonist reported that WestJet at the time described the incident as minor.
“All guests and crew were safely offloaded from the aircraft and there have been no reported injuries as a result of this incident,” WestJet spokeswoman Denise Kenny told the publication.
No one was onboard the Hercules, a military spokesman told the Times Colonist.
Passenger Danielle Homeniuk and her teenager were in the sixth row of the WestJet plane when it came into contact with the Hercules, according to the publication.
A tip of the wing on the right side of the WestJet plane came off, she said.
The plane had been moving along the tarmac and then: “Just boom. Like it was such an abrupt halt — just happened in a matter of seconds,” Homeniuk told the Times Colonist.
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