The family of a Regina woman who froze to death on the steps of a north central house in 2000 after she failed to come up with $4 for cab fare is taking legal action.

According to a statement of claim filed at Regina Court of Queen's Bench on Monday, Co-op Taxi, cab driver Melvin Dusty Johnson, cab dispatcher Brian Naf and the corporation that runs the Jolly Roger Beer Store and Tavern were negligent in the death of Sheila Kahnapace.

The statement of claim may contain information that has not yet been proven in court.

Chief Allan Paquachan launched the action on behalf of his granddaughter Kristin Paquachan, who is a minor residing with him on the Fishing Lake First Nation, which is about 200 kilometres northeast of Regina. Paquachan is Kahnapace's daughter.

The claim states that Kahnapace was a patron at the Jolly Roger bar in Regina on Nov. 18, 2000. After consuming a significant amount of alcohol, she was assisted by bar staff to call a taxi.

Co-op taxi driver Johnson picked up Kahnapace from the bar. She told him she had money and directed him to take her to an address at 1326 Athol St.

When they arrived at about 12:40 a.m. on the morning of Nov. 19, Kahnapace wasn't able to pay the $4.05 fare.

When Johnson stood trial for criminal negligence in 2002, court heard there were two jackets in the cab — one described as a cotton windbreaker, and a heavier coat. Johnson gave Kahnapace the lighter coat, handed her a receipt for the heavier coat, then walked her to the steps of the house.

The statement of claim alleges that Johnson — with the knowledge of other Co-op Taxi employees — left to attend to other business.

According to Environment Canada, the temperature at midnight was -9, although with the windchill it felt like -19.

Johnson instructed Naf to contact the Regina Police Service to check on Kahnapace, but that contact wasn't made.

A neighbour found the 30-year-old mother of two young children dead on the steps of the house later in the day. The house wasn't Kahnapace's — she lived a street over on Montague Street.

An autopsy determined she died of hypothermia with alcohol intoxication being a contributing factor.

On Oct. 22, 2002, Johnson was acquitted of criminal negligence causing the death of Kahnapace.

During trial, defence lawyer Colleen Covert said while Kahnapace's death was a tragedy, others should bear some responsibility for what happened, including the bar that put her in the cab, and the cab dispatcher who failed to call police after Johnson requested the dispatcher do so.

The statement of claim states that Kahnapace entered into a fee-for-service with the cab company and its employee Johnson. As part of that contract, Johnson and Co-op Taxi were responsible for taking Kahnapace safely to her stated destination and leave her in safety, especially considering the temperature and Kahnapace's vulnerable physical state.

The Jolly Roger is also named in the action for negligence and breach of duty.

"It, through its employees, served and/or continued to serve the deceased throughout the evening when she was already intoxicated and in circumstances where they knew or ought to have known that the deceased was rendered incapable of properly caring for herself; and it failed to take any or reasonable steps to ensure that (sic) the deceased's safety when she left the premises," the claim reads.

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