The family of victim Susan Brito filed a wrongful death lawsuit against Kevin and Linda O'Leary

Shark Tank star Kevin O’Leary and his wife Linda O’Leary are reportedly being sued by the family of one of the victims of a fatal boat crash in Canada over the summer.

Susan Brito’s family has filed a wrongful death lawsuit against Kevin and Linda, according to the Toronto Sun. The family is seeking punitive, exemplary and aggravated damages for wrongful death.

Linda was driving the boat at the time of the accident.

“For this grieving family, it is about obtaining civil justice so as to prevent these types of deaths and curtailing reckless and dangerous behavior from continuing on our lakes,” Patrick Brown, of McLeish Orlando LLP, said in a news release, according to the Sun.

The newspaper reports that the family has also sued Richard Ruh, the driver of the other boat involved.

The incident occurred on Aug. 24. According to the police report, the O’Learys’ boat crashed into a larger vessel, going over its bow and striking passenger Gary Potash in the head. He died instantly. Brito was also killed in the crash.

Linda O'Leary and Kevin O'Leary
Linda and Kevin O’Leary
| Credit: Jason Koerner/Getty

Three other people suffered injuries as well; all were treated and released from the hospital.

In September, Linda was charged with “careless operation of a vessel” under the small vessel regulations of the Canada Shipping Act.

Ruh was also charged with “failing to exhibit navigation light while underway,” the Ontario Provincial Police said in a statement on the crash on Lake Joseph.

At the time of the accident, Kevin offered condolences to the families of the deceased.

“On late Saturday night I was a passenger in a boat that was involved in a tragic collision with another watercraft that had no navigation lights on and then fled the scene. I am fully cooperating with law enforcement in their investigation,” the 65-year-old told PEOPLE in a statement. “Out of respect for the victims families and to fully support the ongoing investigation I feel it is inappropriate to make further comments at this time. My heartfelt prayers and condolences to the victims, the families and those affected by this loss.”

2014 Billboard Music Awards, May 18, 2014
Kevin O’Leary
| Credit: Larry Busacca/Getty

A rep for Kevin added, “We are devastated by the event that occurred on Saturday night on Lake Joseph. Mr. O’Leary is cooperating with law enforcement in their investigation into this tragedy. We respect the investigation process being conducted by the Police, and will not comment further. Our thoughts and prayers are with victims and their families. We ask that everyone respect Mr. O’Leary and his family’s privacy during this time.”

Authorities gave Linda a DUI test that night. According to Kevin’s rep, she passed the test.