Mother sues Nova Scotia Power over son's diving death

Luke Seabrook died asking for help.

It's a call his mother can't ignoreeven though her son has been dead for nearly three years.

Angela Seabrook haslaunched a lawsuit against Nova Scotia Power, claiming damages under the provincial Fatal Injuries Act. She also hopes her suit will force the utility to change some of its safety practices.

Luke Seabrook, a commercial diver from DartmouthN.S., was inspecting the utility's dam at the Annapolis Valley Tidal Station on July 15, 2015. An undersea gate waspartly ajar and powerful water pressuresucked Seabrook, 39, into the opening. He died atthe scene.

Lawyer Alison Henderson at Patterson Law filed the suit on behalf of Seabrook's mother, who lives in Wasaga Beach, Ont.

"[She] lost the benefit of having him as a part of her life as she aged and the relationship that she would have had with him," Henderson, who practices in Truro N.S., told CBCon Friday.

According to the statement of claim filed in Nova Scotia Supreme Court, Seabrookasked to be pulled out of the water just before he died. It was the last thing he ever said, as the dive team was unable to haul him out. The lawsuit says Seabrook was a victim of a'Delta P' underwater suction effect, which experts say is a common cause of worksitediving fatalities.

The plaintiff's lawyer said Nova Scotia Power should have known theunderwater gate was hazardous and should have warned Seabrook'scontracted employer, Paul's Diving Services Inc., of any potential dangers. Damages can be awarded under provincial law but Henderson said it's not about the money.

"If there are hazards that could be either prevented or warned about, that's kind of where this comes down to."

The lawyerclaimsNova Scotia Power failed Seabrook in numerous areas includinginadequatecare for, and maintenance of, the worksite as well as an alleged failure to warn Seabrook that the underwater gates mightnot fully close.None of the allegations hasbeen proven in court.

Nova Scotia Power remainedtight-lipped about the lawsuit on Friday.

"Luke Seabrook's death was a tragedy," utility spokesperson Tiffany Chase wrote in an email, adding: "the safety of our employees, contractors and the public is our top priority. Given this is now before the courts, we will not be able to comment any further."

Lawsuits under the Fatal Injuries Act must generally be filed oneyear after the incident. Seabrookdied nearly three years ago, butHenderson said the deadline could be flexible.

"Arguably, the timeline starts from when the claimant became aware that the death was a wrongful one," she said, referring to documents she received in the case earlier this year.

LukeSeabrook'semployer, Paul's Diving Services of Hammonds PlainsN.S.,pleaded guilty last September to two occupational health and safety violations in Seabrook's death.

The company was also ordered to pay $34,000in finesand hold 15 safety presentations.

The lawyer for Seabrook's mother said she has a good case against Nova Scotia Power and she believes in what Angela Seabrook is trying to do.

"What she wants to do, is know that she's tried everything on behalf of her son."