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Alberta

Chris Scott and Rebecca Ingram attempting Class Action Lawsuit against Province for COVID restrictions

Published

17 minute read

Could open the door for business owners across the province to seek damages for financial losses

News release regarding this class action lawsuit from Rath & Company

Rath & Company has launched a class action lawsuit against the Province of Alberta on behalf of business owners in Alberta who faced operational restrictions due to, now deemed illegal, Public Health Orders. This lawsuit follows the recent Ingram Decision by the Calgary Court of King’s Bench, which declared that all of Dr. Hinshaw’s Public Health Orders were ultra vires, in other words illegal or not lawfully enacted. The Ingram Decision has opened the door for affected business owners to seek damages for the financial losses incurred due to the restrictions imposed by these unlawful Public Health Orders.

The lawsuit names Rebecca Ingram and Chris Scott as representative plaintiffs who suffered significant financial harm due to Dr. Hinshaw’s Public Health Orders. On February 7, 2024, the parties attended their first case conference with Justice Feasby of the Court of King’s Bench of Alberta to establish the next steps. The lawyers for the Province of Alberta made it clear that they intend to oppose the class action certification. Premier Smith has yet to comment on the government opposition to compensate individual business owners impacted by Dr. Hinshaw’s unlawful Public Health Orders.

“This marks the first of many procedural and substantive steps. This is an important case about
government actions and overreach during a time when business owners were unlawfully mandated to close their businesses at moments notice. It will give Albertans the opportunity to hold the Alberta government accountable and seek fair compensation on behalf of the many businesses impacted by Deena Hinshaw’s many unlawful decisions,” said lead counsel Jeffrey Rath.

The class action represents all impacted Alberta business owners. If you have been adversely affected and wish to join this class action lawsuit, please register by completing the online form at Business Class Action – Rath&Company (rathandcompany.com). Should the Court grant permission for this action to proceed as a “Class Action” (also known as “Certification”), you may qualify as a class member whether or not you have registered.

“In what world is it fair for small business owners to bear the financial brunt for the benefit of the entire province? Our hope is that this lawsuit brings justice to the affected business owners who suffered significant hardship and losses without justification or consideration by the province’s harsh and unilateral actions,” Mr. Rath continued.

From Rath & Company

Business Class Action Update – October 1, 2021

The Certification Hearing scheduled with Justice Feasby will be available for online viewing. Below are the details you need to join the session:

Date and Time:

  • October 2 and 3, 2024, at 10:00 AM (Mountain Time, UTC-06:00)

Join Online:

Join by Phone:

  • Dial-In Number: +1-780-851-3573 (Canada Toll – Edmonton)
  • Access Code: 277 254 26969

PLEASE NOTE – Recording or rebroadcasting of this hearing is strictly prohibited.

Documents related to this matter that have been filed to date are available for viewing online – see links BELOW.

We encourage all interested parties to observe the proceedings.

Summary of the Covid Business Restrictions Class Action Lawsuit

Rath & Company has commenced a Class Action lawsuit against the provincial government of Alberta on behalf of business owners who faced operational restrictions due to Public Health Orders during the COVID-19 pandemic. This lawsuit aims to secure financial compensation for businesses in Alberta that were either fully or partially restricted by these health orders.

The legal foundation of this case is anchored in the recent Ingram decision by the Calgary Court of King’s Bench, which determined that the Public Health Orders were not enacted lawfully.

The primary plaintiffs in this lawsuit are two Alberta business owners who suffered considerable financial losses due to the imposed Public Health Orders.

This legal action represents an opportunity for business owners who were operational in Alberta from 2020 to 2022 and were impacted by these health directives.

If you are among those affected and are interested in joining this class action lawsuit as a member of the group, we invite you to register with us. To do so, please complete our intake form.

This is an intake form for use by our legal team. Information provided in this form will be used to assist us in moving the Class Action case forward.

If the Court permits the action to proceed as a “Class Action” (this is called “Certification”), you may be a Class Member. You will receive a notice if the action is Certified that will explain your rights as a Class Member.

Please Complete this Form to the best of your ability and it will be sent directly to: [email protected]

 

To Review the Class Action Documents Click Here:

  • Notice of Application
  • Business Class Action Statement of Claim
  • Business Class Action Plaintiffs Brief
  • Business Class Action Provinces Brief
  • Business Class Action Plaintiffs Reply
  • Affidavit of Rebecca Ingram
  • Affidavit of Christopher Scott
  • Affidavit of Dana Hogemann – Senior
  • Assistant Deputy Minister, Treasury Board Secretariat
  • Affidavit of Andy Ridge – Incident Commander of the Emergency Operations Centre with the Ministry of Health
  • Affidavit and Expert Report of Randy Popik – Chartered Accountant at Kingston Ross Pasnak LLP
  • Affidavit and Expert Report of Christopher Cotton – Professor of Economics at Queen’s University
  • Scott Transcript
  • Ridge Undertaking
  • Ridge Transcript
  • Cotton Undertaking
  • Cotton Transcript
  • Popik Undertaking
  • Popik Transcript
  • Ingram Transcript
  • Eberle-Morris Transcript
  • Hogemann Transcript
  •  Ingram Decision

Covid Business Losses Class Action Intake Form

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Thank you for your participation. Your assistance is greatly appreciated.

Business Class Action Update – October 1, 2024

The Certification Hearing scheduled with Justice Feasby will be available for online viewing. Below are the details you need to join the session:

Date and Time:

  • October 2 and 3, 2024, at 10:00 AM (Mountain Time, UTC-06:00)

Join Online:

Join by Phone:

  • Dial-In Number: +1-780-851-3573 (Canada Toll – Edmonton)
  • Access Code: 277 254 26969

PLEASE NOTE – Recording or rebroadcasting of this hearing is strictly prohibited.

Business Class Action Update – June 21, 2024

The government of Alberta has taken the position of opposing the certification of our proposed class action. As a result, we must go to court to get the lawsuit “certified” as a class action – this is known as the certification hearing.

The certification hearing is scheduled for October 2 and 3, 2024, before Justice Feasby. The following schedule has been agreed to leading up to the certification hearing:

We have uploaded the Plaintiffs Notice of Application and evidence in support as well as the government of Alberta’s evidence on our website. Specifically, on the website you can now find the:

Frequently Asked Questions

What is a Class Action Lawsuit?
A class action lawsuit is a legal action where a group of people collectively brings a claim to court. This type of lawsuit is distinct from individual cases, as it represents the interests and seeks compensation for a class of people who have been affected by similar acts of negligence or harmful practices. Class-action suits provide a more comprehensive approach to addressing widespread issues, allowing for a collective voice in legal proceedings. These lawsuits can be instrumental in achieving justice for a larger group and can potentially set precedents for future legal and protective standards.
What is certification?

The court must first assess whether the claim should be advanced in the form of a class action. The court will consider whether the claim shows an appropriate cause of action, an identifiable class of persons, and issues that are shared in common. The court will also determine whether a class action is a preferable procedure, and whether there is an appropriate representative plaintiff. If the class action is certified by the court, the representative plaintiff or plaintiffs will advance the case on behalf of all class members.

Am I a class member?

When a class action is certified, a definition of the class is provided. If you are an individual class member meeting the class description, then you do not need to sign up to be part of the class action – you are automatically included.

If you owned or operated a business in Alberta from 2020-2022 and wish to register with us as a member of the group, please fill out the intake form.
Do I have to pay to be part of the class action?
No. This class action will proceed on a contingency fee basis.  This means that the lawyers bringing the action will only be paid if the class action succeeds. If successful, the lawyers will be paid a portion of the settlement or judgment, but only if the Court approves.

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Alberta

Danielle Smith slams Skate Canada for stopping events in Alberta over ban on men in women’s sports

Published on

From LifeSiteNews

By Clare Marie Merkowsky

The Alberta premier has denounced Skate Canada as ‘disgraceful’ for refusing to host events in the province because of a ban on ‘transgender’ men in women’s sports.

Alberta Premier Danielle Smith has demanded an apology after Skate Canada refused to continue holding events in Alberta.

In a December 16 post on X, Smith denounced Skate Canada’s recent decision to stop holding competitions in Alberta due to a provincial law keeping gender-confused men from competing in women’s sports.

“Women and girls have the right to play competitive sports in a safe and fair environment against other biological females,” Smith declared. “This view is held by a vast majority of Albertans and Canadians. It is also common sense and common decency.”

“Skate Canada‘s refusal to hold events in Alberta because we choose to protect women and girls in sport is disgraceful,” she declared.

“We expect they will apologize and adjust their policies once they realize they are not only compromising the fairness and safety of their athletes, but are also offside with the international community, including the International Olympic Committee, which is moving in the same direction as Alberta,” Smith continued.

Earlier this week, Skate Canada announced their decision in a statement to CBC News, saying, “Following a careful assessment of Alberta’s Fairness and Safety in Sport Act, Skate Canada has determined that we are unable to host events in the province while maintaining our national standards for safe and inclusive sport.”

Under Alberta’s Fairness and Safety in Sport Act, passed last December, biological men who claim to be women are prevented from competing in women’s sports.

Notably, Skate Canada’s statement failed to address safety and fairness concerns for women who are forced to compete against stronger, and sometimes violent, male competitors who claim to be women.

While Skate Canada maintains that gender-confused men should compete against women, the International Olympic Committee is reportedly moving to ban gender-confused men from women’s Olympic sports.

The move comes after studies have repeatedly revealed what almost everyone already knew was true, namely that males have a considerable innate advantage over women in athletics.

Indeed, a recent study published in Sports Medicine found that a year of “transgender” hormone drugs results in “very modest changes” in the inherent strength advantages of men.

Additionally, male athletes competing in women’s sports are known to be violent, especially toward female athletes who oppose their dominance in women’s sports.

Last August, Albertan male powerlifter “Anne” Andres was suspended for six months after a slew of death threats and harassments against his female competitors.

In February, Andres ranted about why men should be able to compete in women’s competitions, calling for “the Ontario lifter” who opposes this, apparently referring to powerlifter April Hutchinson, to “die painfully.”

Interestingly, while Andres was suspended for six months for issuing death threats, Hutchinson was suspended for two years after publicly condemning him for stealing victories from women and then mocking his female competitors on social media. Her suspension was later reduced to a year.

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Alberta

Alberta’s huge oil sands reserves dwarf U.S. shale

Published on

From the Canadian Energy Centre

By Will Gibson

Oil sands could maintain current production rates for more than 140 years

Investor interest in Canadian oil producers, primarily in the Alberta oil sands, has picked up, and not only because of expanded export capacity from the Trans Mountain pipeline.

Enverus Intelligence Research says the real draw — and a major factor behind oil sands equities outperforming U.S. peers by about 40 per cent since January 2024 — is the resource Trans Mountain helps unlock.

Alberta’s oil sands contain 167 billion barrels of reserves, nearly four times the volume in the United States.

Today’s oil sands operators hold more than twice the available high-quality resources compared to U.S. shale producers, Enverus reports.

“It’s a huge number — 167 billion barrels — when Alberta only produces about three million barrels a day right now,” said Mike Verney, executive vice-president at McDaniel & Associates, which earlier this year updated the province’s oil and gas reserves on behalf of the Alberta Energy Regulator.

Already fourth in the world, the assessment found Alberta’s oil reserves increased by seven billion barrels.

Verney said the rise in reserves despite record production is in part a result of improved processes and technology.

“Oil sands companies can produce for decades at the same economic threshold as they do today. That’s a great place to be,” said Michael Berger, a senior analyst with Enverus.

BMO Capital Markets estimates that Alberta’s oil sands reserves could maintain current production rates for more than 140 years.

The long-term picture looks different south of the border.

The U.S. Energy Information Administration projects that American production will peak before 2030 and enter a long period of decline.

Having a lasting stable source of supply is important as world oil demand is expected to remain strong for decades to come.

This is particularly true in Asia, the target market for oil exports off Canada’s West Coast.

The International Energy Agency (IEA) projects oil demand in the Asia-Pacific region will go from 35 million barrels per day in 2024 to 41 million barrels per day in 2050.

The growing appeal of Alberta oil in Asian markets shows up not only in expanded Trans Mountain shipments, but also in Canadian crude being “re-exported” from U.S. Gulf Coast terminals.

According to RBN Energy, Asian buyers – primarily in China – are now the main non-U.S. buyers from Trans Mountain, while India dominates  purchases of re-exports from the U.S. Gulf Coast. .

BMO said the oil sands offers advantages both in steady supply and lower overall environmental impacts.

“Not only is the resulting stability ideally suited to backfill anticipated declines in world oil supply, but the long-term physical footprint may also be meaningfully lower given large-scale concentrated emissions, high water recycling rates and low well declines,” BMO analysts said.

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