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Suing for losses

Families of Avataq crew launch lawsuit

Darrell Greer
Northern News Services

Rankin Inlet (Oct 02/02) - A civil lawsuit has been launched by the families of the three crewmen who lost their lives when the Avataq sank more than two years ago.

The vessel went down in gale force winds off the cost of Arviat on Aug. 25, 2000, claiming the lives of its skipper, Louis Pilakapsi, and crewmen Sandy Sateana, David Kadjuk and Larry Ussak.

The statement of claim filed with the Nunavut Court of Justice lists no less that 16 individuals and organizations as defendants in the case, including the estate of Pilakapsi, the Northern Transportation Company Ltd. (NTCL), and the federal and Nunavut governments.

A statement of claim is a civil court document that contains allegations that have yet to be tested in court.

The claim states that the Avataq was not certified to operate as a cargo vessel, was poorly equipped, and its crew lacked the formal marine qualifications or proper training necessary for its safe operation.

It further contends necessary steps were never taken by authorities to ensure the vessel's proper inspection and certification.

Nor, it continues, were any taken to ensure the Avataq was seaworthy, and loaded properly and safely.

The plaintiffs are represented by the Yellowknife firm of Phillips and Wright.

Attorney Adrian C. Wright said he could not add anything further to what is contained in the statement of claim.

"Basically, we filed the statement of claim to preserve the limitation period and that's where things stand," said Wright.

"There are various things going on which I really can't discuss."

NTCL president Clifford Abraham says the statement of claim took him completely by surprise.

"The first I heard of this was through the media," says Abraham.

"We (NTCL) certainly haven't received any statement as yet, so it's hard to know what the thinking is behind it at this point.

"What happened with the Avataq was a tragic event, but I can't comment further until I see the details in the statement of claim."