A trial is underway to recover damages for a Chatham family who lost a loved one nearly 16 years ago during a plane crash just off Pelee Island.
Robert Brisco, 46, and nine others were killed on January 17, 2004 when their Cessna plane plunged into the icy lake shortly after takeoff after an annual hunting trip at the island.
Robert’s brother, Paul, and the Brisco Estate are suing Georgian Express, Owen Sound Transportation and others for mental injury and suffering.
Brisco's lawyer, Jerry O'Brien, said during his opening remarks on Monday morning that Paul had a difficult time getting the "haunting image" of his brother’s mutilated and disfigured body out of his memory after he identified the body.
"We're not looking for sympathy, we're just looking for justice," O'Brien said.
O'Brien said the wings were icy and the plane had trouble lifting because of the ice. He added the pilot did not have proper de-icing equipment and the Cessna was overweight after the pilot got an extra 600 litres of fuel in Windsor before the trip. O'Brien said the pilot also did not have a ladder to inspect the wings and Georgian Express did not provide de-icing equipment.
"Bob died because of unlawful acts by the defendants," added O'Brien.
The six-person jury heard ice pellets and freezing rain were falling that Saturday afternoon and witness Ford Crawford said the weather was gradually getting worse.
The defence has acknowledged liability but their lawyer, Bob Love, blamed the tragedy on pilot error and the plane's poor performance during his opening comments. Love said the pilot is responsible for “self-dispatch” and every aspect of operating his aircraft. He also said that type of aircraft is known to have de-icing problems.
O'Brien said the pilot was given the green light to fly by Georgian Express but the defence said he did not call Georgian Express about operations.
"This accident shouldn't have happened," said Love. "This was a tragic accident."
Love said Georgian Express pilots are instructed not to land if they can't get out and if they can't get out to stay put.
Eight hunters, the pilot and his girlfriend and two dogs died during the crash.
The first two of several witnesses and experts were called on Monday.
Hunting friend and witness Ford Crawford said there was nothing unusual about the takeoff and the hunters had a normal load. He said he didn't see the crash but found out minutes later what happened and went to help.
"We were joking about the ice and minutes later it was over," said an emotional Crawford.
He added the pilot appeared to be in a hurry and said, "let's go."
Crawford said, "you're well aware of the weather when you live on an island" when pushed by the defence about the weather and timing of the ill-fated departure.
The Chatham trial should take two to three weeks and resumes on Tuesday at 10 a.m.
Other families involved in the tragedy have already settled their lawsuits.