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Alberta

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

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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

Alberta’s methane emissions fall 52 per cent

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Alberta has cut its methane emissions from the oil and gas sector in half, showing how to reduce emissions and keep powering the world.

As global demand for energy continues to rise, Alberta remains one of the most responsible producers in the world. The province was the first in Canada to set a methane emissions reduction target for the upstream oil and gas sector, and its approach has won international awards and recognition.

This is the message Alberta’s government will take to COP 29. The Alberta approach is working. It is possible to reduce methane emissions and grow the economy, all while delivering the safe, affordable, reliable energy the world will need for generations to come.

According to the latest data from the Alberta Energy Regulator, Alberta has now officially reduced methane emissions from the oil and gas sector by 52 per cent since 2014, even as production has continued rising. The province’s common-sense approach is reducing emissions, creating jobs and growing the economy without punitive federal regulations or caps.

“We do not need Ottawa to tell us how to reduce emissions. In fact, the federal government should learn from Alberta’s success. By working closely with industry and focusing on technology, not costly taxes or unrealistic targets, we can achieve rapid emission reductions while delivering the safe, affordable, reliable energy the world needs.”

Rebecca Schulz, Minister of Environment and Protected Areas

Under Alberta’s equivalency agreement with the Government of Canada, the province is in charge of regulating methane emissions. Alberta’s approach is working closely with industry and focusing on achievable results, including early action programs like carbon offsets, implementation of strong provincial regulatory requirements in place for all facilities, and improved leak detection and repair. This is estimated to have saved industry about $600 million compared with the alternative federal regulations that would otherwise have been required.

Since 2020, Alberta has invested $78 million from the industry-funded Technology Innovation and Emissions Reduction program to improve methane monitoring and management. Almost 15,000 well sites and facilities have been reviewed across the province, preventing nearly 17 million tonnes of emissions from being released.

Continuing this momentum, the province recently announced $15 million in funding for the NGIF Emissions Testing Centre to help companies test technologies free of charge in both laboratory and live settings, attract investors and get methane emissions reduction technologies to market faster. Alberta is also engaging with industry to develop a flexible, forward-looking path that will keep reducing emissions while supporting responsible energy production.

“Tourmaline, like other producers in Western Canada, has been diligently reducing methane emission intensity across our field operations, and we are targeting a 55 per cent reduction from 2020 levels by 2027. We operate a world-leading methane emissions testing centre (ETC) at our West Wolf Lake gas plant near Edson, Alberta. At the ETC site, the latest technologies to better measure and mitigate future methane emissions are being developed.”

Michael Rose, chairman, president and CEO, Tourmaline

Minister of Environment and Protected Areas Rebecca Schulz will travel to the 29th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 29) from Nov. 10 to 16 to share Alberta’s success with the world. Alberta’s environment minister will use the largest global climate summit to promote the province’s effective approach to reducing emissions while keeping energy reliable, secure and affordable.

Alberta’s government is committed to working with national and international partners to advance shared interests that can lead to new opportunities for people and businesses around the world.

Minister Schulz will attend COP29 with one staff member and three department officials. Mission expenses will be posted on the travel and expense disclosure page.

Itinerary for Minister Schulz*

Nov. 10-11
  • Travel to Baku, Azerbaijan
Nov. 12
  • Attend Alberta delegation briefings and meetings on COP29
Nov. 13
  • Participate in panel on Alberta’s Methane Emissions Reduction success and other events
Nov. 14
  • Participate in panel on Alberta’s Industrial Carbon Pricing Leadership and other events
Nov. 15
  • Participate in panels on Canada’s Global Role in Carbon Removal, Securing a Reliable Energy Future and other events
Nov. 16
  • Return to Calgary

*Subject to change.

Quick facts

  • The Alberta Energy Regulator monitors, compiles and reports methane emissions data by facility type, production type and area. It releases the ST60B report annually to ensure the public and stakeholders have the latest information about methane emissions from Alberta’s upstream oil and gas sector.
  • Alberta carbon offset protocols resulted in more than 58,000 low- or no-bleed devices being installed, and more than 7 million offset credits have been serialized.
  • Alberta uses a combination of bottom-up and top-down measurement, monitoring and verification techniques as part of methane measurement compliance data.

Related information

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Alberta

39 percent increase in funding for RCMP instigates discussion about future policing for rural Alberta

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Alberta’s government will pay the 39% increase for one year and will begin engagement with smaller communities on their policing needs for the future.

Alberta’s government is temporarily freezing the amount rural municipalities are responsible for paying for front-line policing services in Alberta.

The province is responsible for providing policing services to municipal districts, counties and urban municipalities with populations less than 5,000. In response to rising rural crime, Alberta’s government announced increased funding for RCMP services in 2019 which helped create hundreds of additional RCMP positions across the province.

When these changes came into effect in 2020, the province also worked with Alberta Municipalities and Rural Municipalities of Alberta to create a shared funding model through the Police Funding Regulation. Now, due to higher costs from recent RCMP collective agreements, the cost for policing in these smaller communities will increase by 39 per cent, with no corresponding increase in the services provided. To assist municipalities with these new costs, Alberta’s government will pay the increase for one year and will begin engagement with them on their policing needs for the future.

“The expiring regulation would have municipalities seeing a 39 per cent increase in their costs – with no improvement in policing services delivered. We know this is not acceptable for many municipalities. This cost freeze will give rural municipalities the stability and predictability they need, and it will allow for meaningful engagement between the province and municipalities on equitable support.”

Mike Ellis, Minister of Public Safety and Emergency Services

“Alberta’s government understands that such an increase in costs for service will be a challenge to our rural municipalities. With the costs frozen for a year, we look forward to a comprehensive review of the police funding model with our municipal partners. During our review, we will carefully consider all factors to ensure we provide an updated funding model that is sustainable.”

Ric McIver, Minister of Municipal Affairs

Municipalities are preparing their budgets for 2025, and those served by the RCMP under the Provincial Police Service Agreement can continue to expect the same level of service without the additional costs for one year. While these costs are shared between municipalities and the province, the province will pay a higher proportion of the costs next fiscal year, a total of $27 million, so that municipalities’ costs remain stable while they determine how to cover the increases on a forward basis and what the best model of policing is for their community.

The Police Funding Regulation introduced in 2020 was phased in over several years, with rural municipalities paying an increasing share of their policing costs each year for four years. Municipalities have been paying 30 per cent of front-line policing costs since fiscal year 2023-24. By sharing costs, the province has been able to afford the addition of many new RCMP police officers, programs and services over the past several years.

The Police Funding Regulation has been in place for almost five years, and with the significant cost increases coming from the federal government, the province will undertake a review to determine what improvements may be needed. While the regulation was originally supposed to expire March 31, 2025, Alberta’s government has extended it by one year to March 31, 2026, which will enable the province and municipalities to have fulsome conversations about future policing needs and models. More details about the comprehensive review and engagement opportunities for rural municipalities will be released shortly.

Quick Facts:

  • The Police Funding Regulation brought in a new funding model, which was phased in over several years, with rural municipalities paying an increasing share of their policing costs each year, reaching the intended 30 per cent in 2023.
    • They were charged 10 per cent starting April 1, 2020. This increased to 15 per cent one year later, 20 per cent the following year and finally 30 per cent starting April 1, 2023.
    • The initial funding model was based on 2018 costs to provide certainty and stability to municipalities.
    • After 2024-25, the municipal share will be required to be based on current policing costs, resulting in a proposed 39 per cent increase in costs for municipalities.
  • The Police Funding Model enabled a $235.4-million investment in policing over five years, adding 285 regular members and 244 civilian positions to enhance rural policing.
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