Families sue Northwestern Air Lease over fatal crash

Warning: This story contains details about a fatal plane crash that may be disturbing to some readers.

An airline is facing two lawsuits related to a fatal plane crash in Fort Smith in early 2024.

A Northwestern Air Lease flight headed for the Diavik diamond mine crashed shortly after leaving Fort Smith’s airport on January 23, 2024.

The two pilots and four of the passengers on board were killed in the crash. A fifth passenger survived with injuries.

The surviving passenger as well as the families and estates of the passengers who were killed are now suing Northwestern Air Lease for damages.

According to the lawsuit, filed in NWT Supreme Court last month, the BAE Systems Jetstream 3212 aircraft lifted off the runway but struggled to climb and descended before it reached 46 metres.

The plane scraped treetops a kilometre from the runway and crashed through trees for another 300 metres before hitting the ground. The aircraft caught fire on impact.

Passengers Diane Balsillie, Howie Benwell, Shawn Krawec and Joel Tetso were killed, as were the captain and first officer.

A fifth passenger, Kurt Macdonald, survived the crash and was able to escape the aircraft. He suffered “life-altering injuries” and was stranded in the cold for four hours until rescuers arrived.

Lawsuit alleges crash due to human error

The lawsuit alleges the accident occurred due to errors made by the flight crew and because Northwestern Air Lease and its crew “did not meet the required standard of care.”

The lawsuit claims the flight crew did not properly configure the aircraft for takeoff nor clear accumulated snow and ice from the wings, and did not properly determine the reason the plane was unable to climb after takeoff as they were distracted by other possible explanations, such as the ice and snow left on the wings.

The suit further alleges the crew did not meet the standard of care expected of commercial pilots as they failed to follow training, the aircraft manufacturer’s procedures, standard operating procedures and icing procedures. It also claims the flight crew failed to ensure anti-icing or de-icing fluid was applied to the wings or to abort takeoff.

“If the flight crew had been properly trained and had followed reasonable procedures, they would have been able to fly the aircraft safely,” the lawsuit states.

The lawsuit claims Northwestern Air Lease is legally responsible for the actions and fault of its employees.

It alleges the airline did not meet the standard of care expected of an aircraft operator as it failed to:

• develop reasonable standard operating procedures, a reasonable ground icing program or other icing procedures;
• train flight crew properly;
• ensure employees followed approved procedures; and
• take appropriate corrective action to respond to prior incidents, accidents and near misses.

Northwestern Air Lease has not filed a statement of defence in response to the lawsuit’s claims. The airline did not respond to Cabin Radio’s request for comment prior to publication.

The Transportation Safety Board of Canada has yet to publicly release the final report from its investigation into the crash.

In its last public update on the investigation in January 2025, the safety board said no anomalies were found with the plane’s engines and propellers that would have contributed to the accident. The board said snow that had accumulated on the aircraft before takeoff did not directly affect its performance.

The safety board said at the time its investigation was focused on human performance and decision-making.

Claims for damages

Shawn was a 57-year old fuel operater at Diavik, Howie was a 30-year-old equipment operator, Joel was a 41-year-old heavy duty mechanic and Diane, who was 58, provided camp services at the mine.

The lawsuit claims their families have suffered losses and damages from the plane crash including:

• the loss of financial support and services;
• reduced value of inheritance;
• loss of care, guidance and companionship;
• the cost of financial management services; and
• funeral, burial and celebration of life expenses.

It claims their estates have suffered the loss of prospective earnings and earning capacity; pain, fear and suffering experienced prior to death; and the loss of personal effects.

The flight was Macdonald’s first trip back to the mine after taking parental leave. He was working as a journeyman electrician at the time and was working toward his red seal certification.

According to the lawsuit, he suffered a serious concussion; neck, shoulder, knee and ankle injuries; cuts and bruises; and psychological injuries from the crash, including a fear of flying.

The lawsuit states Macdonald has not been able to return to work due to his injuries and the accident severely diminished his future career prospects.

All of the plaintiffs are asking the court for general and special damages.

Earlier lawsuit

Macdonald and additional members of Joel Tetso’s family filed a previous lawsuit against Northwestern Air Lease, the NWT Department of Infrastructure and Rio Tinto – which owns Diavik – in November 2025. That lawsuit also lists as defendants unknown companies and people responsible for the operation, maintenance and service of the Jetstream aircraft and Fort Smith Airport.

The lawsuit alleges the plane crash was caused by the “negligence and the willful and wanton misconduct” of the defendants.

Tetso’s family members are seeking damages of a yet to be determined amount for bereavement and grief as well as loss of care, guidance, companionship, financial support, household services and dependency. They are also seeking undetermined special damages for funeral and burial expenses.

Macdonald is seeking $150,000 in general damages, $50,000 in special damages, an estimated $50,000 for future medical care and an estimated $900,000 for past and future loss of income.

Neither Northwestern Air Lease, Rio Tinto nor the NWT government have filed statements of defence in response to the suit.

The Department of Infrastructure told Cabin Radio it could not comment on the matter as it is before the court.

In a statement to Cabin Radio, a spokesperson for Rio Tinto said the company’s thoughts “remain with those who have been affected by the plane crash.”

The spokesperson said Rio Tinto would review the findings of the Transportation Safety Board’s final report once it is released.

“There is nothing more important than the safety of our people. This is why air travel suppliers for Diavik undergo regular rigorous audits to ensure supplier safety systems are aligned with our standards,” the spokesperson wrote.

He added that Rio Tinto works with the Flight Safety Foundation to “ensure aviation risks are addressed at the highest level in an independent and impartial manner.”