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Alberta

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

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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.

Alberta

Alberta project would be “the biggest carbon capture and storage project in the world”

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Pathways Alliance CEO Kendall Dilling is interviewed at the World Petroleum Congress in Calgary, Monday, Sept. 18, 2023.THE CANADIAN PRESS/Jeff McIntosh

From Resource Works

By Nelson Bennett

Carbon capture gives biggest bang for carbon tax buck CCS much cheaper than fuel switching: report

Canada’s climate change strategy is now joined at the hip to a pipeline. Two pipelines, actually — one for oil, one for carbon dioxide.

The MOU signed between Ottawa and Alberta two weeks ago ties a new oil pipeline to the Pathways Alliance, which includes what has been billed as the largest carbon capture proposal in the world.

One cannot proceed without the other. It’s quite possible neither will proceed.

The timing for multi-billion dollar carbon capture projects in general may be off, given the retreat we are now seeing from industry and government on decarbonization, especially in the U.S., our biggest energy customer and competitor.

But if the public, industry and our governments still think getting Canada’s GHG emissions down is a priority, decarbonizing Alberta oil, gas and heavy industry through CCS promises to be the most cost-effective technology approach.

New modelling by Clean Prosperity, a climate policy organization, finds large-scale carbon capture gets the biggest bang for the carbon tax buck.

Which makes sense. If oil and gas production in Alberta is Canada’s single largest emitter of CO2 and methane, it stands to reason that methane abatement and sequestering CO2 from oil and gas production is where the biggest gains are to be had.

A number of CCS projects are already in operation in Alberta, including Shell’s Quest project, which captures about 1 million tonnes of CO2 annually from the Scotford upgrader.

What is CO2 worth?

Clean Prosperity estimates industrial carbon pricing of $130 to $150 per tonne in Alberta and CCS could result in $90 billion in investment and 70 megatons (MT) annually of GHG abatement or sequestration. The lion’s share of that would come from CCS.

To put that in perspective, 70 MT is 10% of Canada’s total GHG emissions (694 MT).

The report cautions that these estimates are “hypothetical” and gives no timelines.

All of the main policy tools recommended by Clean Prosperity to achieve these GHG reductions are contained in the Ottawa-Alberta MOU.

One important policy in the MOU includes enhanced oil recovery (EOR), in which CO2 is injected into older conventional oil wells to increase output. While this increases oil production, it also sequesters large amounts of CO2.

Under Trudeau era policies, EOR was excluded from federal CCS tax credits. The MOU extends credits and other incentives to EOR, which improves the value proposition for carbon capture.

Under the MOU, Alberta agrees to raise its industrial carbon pricing from the current $95 per tonne to a minimum of $130 per tonne under its TIER system (Technology Innovation and Emission Reduction).

The biggest bang for the buck

Using a price of $130 to $150 per tonne, Clean Prosperity looked at two main pathways to GHG reductions: fuel switching in the power sector and CCS.

Fuel switching would involve replacing natural gas power generation with renewables, nuclear power, renewable natural gas or hydrogen.

“We calculated that fuel switching is more expensive,” Brendan Frank, director of policy and strategy for Clean Prosperity, told me.

Achieving the same GHG reductions through fuel switching would require industrial carbon prices of $300 to $1,000 per tonne, Frank said.

Clean Prosperity looked at five big sectoral emitters: oil and gas extraction, chemical manufacturing, pipeline transportation, petroleum refining, and cement manufacturing.

“We find that CCUS represents the largest opportunity for meaningful, cost-effective emissions reductions across five sectors,” the report states.

Fuel switching requires higher carbon prices than CCUS.

Measures like energy efficiency and methane abatement are included in Clean Prosperity’s calculations, but again CCS takes the biggest bite out of Alberta’s GHGs.

“Efficiency and (methane) abatement are a portion of it, but it’s a fairly small slice,” Frank said. “The overwhelming majority of it is in carbon capture.”

From left, Alberta Minister of Energy Marg McCuaig-Boyd, Shell Canada President Lorraine Mitchelmore, CEO of Royal Dutch Shell Ben van Beurden, Marathon Oil Executive Brian Maynard, Shell ER Manager, Stephen Velthuizen, and British High Commissioner to Canada Howard Drake open the valve to the Quest carbon capture and storage facility in Fort Saskatchewan Alta, on Friday November 6, 2015. Quest is designed to capture and safely store more than one million tonnes of CO2 each year an equivalent to the emissions from about 250,000 cars. THE CANADIAN PRESS/Jason Franson

Credit where credit is due

Setting an industrial carbon price is one thing. Putting it into effect through a workable carbon credit market is another.

“A high headline price is meaningless without higher credit prices,” the report states.

“TIER credit prices have declined steadily since 2023 and traded below $20 per tonne as of November 2025. With credit prices this low, the $95 per tonne headline price has a negligible effect on investment decisions and carbon markets will not drive CCUS deployment or fuel switching.”

Clean Prosperity recommends a kind of government-backstopped insurance mechanism guaranteeing carbon credit prices, which could otherwise be vulnerable to political and market vagaries.

Specifically, it recommends carbon contracts for difference (CCfD).

“A straight-forward way to think about it is insurance,” Frank explains.

Carbon credit prices are vulnerable to risks, including “stroke-of-pen risks,” in which governments change or cancel price schedules. There are also market risks.

CCfDs are contractual agreements between the private sector and government that guarantees a specific credit value over a specified time period.

“The private actor basically has insurance that the credits they’ll generate, as a result of making whatever low-carbon investment they’re after, will get a certain amount of revenue,” Frank said. “That certainty is enough to, in our view, unlock a lot of these projects.”

From the perspective of Canadian CCS equipment manufacturers like Vancouver’s Svante, there is one policy piece still missing from the MOU: eligibility for the Clean Technology Manufacturing (CTM) Investment tax credit.

“Carbon capture was left out of that,” said Svante co-founder Brett Henkel said.

Svante recently built a major manufacturing plant in Burnaby for its carbon capture filters and machines, with many of its prospective customers expected to be in the U.S.

The $20 billion Pathways project could be a huge boon for Canadian companies like Svante and Calgary’s Entropy. But there is fear Canadian CCS equipment manufacturers could be shut out of the project.

“If the oil sands companies put out for a bid all this equipment that’s needed, it is highly likely that a lot of that equipment is sourced outside of Canada, because the support for Canadian manufacturing is not there,” Henkel said.

Henkel hopes to see CCS manufacturing added to the eligibility for the CTM investment tax credit.

“To really build this eco-system in Canada and to support the Pathways Alliance project, we need that amendment to happen.”

Resource Works News

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Alberta

Alberta Next Panel calls for less Ottawa—and it could pay off

Published on

From the Fraser Institute

By Tegan Hill

Last Friday, less than a week before Christmas, the Smith government quietly released the final report from its Alberta Next Panel, which assessed Alberta’s role in Canada. Among other things, the panel recommends that the federal government transfer some of its tax revenue to provincial governments so they can assume more control over the delivery of provincial services. Based on Canada’s experience in the 1990s, this plan could deliver real benefits for Albertans and all Canadians.

Federations such as Canada typically work best when governments stick to their constitutional lanes. Indeed, one of the benefits of being a federalist country is that different levels of government assume responsibility for programs they’re best suited to deliver. For example, it’s logical that the federal government handle national defence, while provincial governments are typically best positioned to understand and address the unique health-care and education needs of their citizens.

But there’s currently a mismatch between the share of taxes the provinces collect and the cost of delivering provincial responsibilities (e.g. health care, education, childcare, and social services). As such, Ottawa uses transfers—including the Canada Health Transfer (CHT)—to financially support the provinces in their areas of responsibility. But these funds come with conditions.

Consider health care. To receive CHT payments from Ottawa, provinces must abide by the Canada Health Act, which effectively prevents the provinces from experimenting with new ways of delivering and financing health care—including policies that are successful in other universal health-care countries. Given Canada’s health-care system is one of the developed world’s most expensive universal systems, yet Canadians face some of the longest wait times for physicians and worst access to medical technology (e.g. MRIs) and hospital beds, these restrictions limit badly needed innovation and hurt patients.

To give the provinces more flexibility, the Alberta Next Panel suggests the federal government shift tax points (and transfer GST) to the provinces to better align provincial revenues with provincial responsibilities while eliminating “strings” attached to such federal transfers. In other words, Ottawa would transfer a portion of its tax revenues from the federal income tax and federal sales tax to the provincial government so they have funds to experiment with what works best for their citizens, without conditions on how that money can be used.

According to the Alberta Next Panel poll, at least in Alberta, a majority of citizens support this type of provincial autonomy in delivering provincial programs—and again, it’s paid off before.

In the 1990s, amid a fiscal crisis (greater in scale, but not dissimilar to the one Ottawa faces today), the federal government reduced welfare and social assistance transfers to the provinces while simultaneously removing most of the “strings” attached to these dollars. These reforms allowed the provinces to introduce work incentives, for example, which would have previously triggered a reduction in federal transfers. The change to federal transfers sparked a wave of reforms as the provinces experimented with new ways to improve their welfare programs, and ultimately led to significant innovation that reduced welfare dependency from a high of 3.1 million in 1994 to a low of 1.6 million in 2008, while also reducing government spending on social assistance.

The Smith government’s Alberta Next Panel wants the federal government to transfer some of its tax revenues to the provinces and reduce restrictions on provincial program delivery. As Canada’s experience in the 1990s shows, this could spur real innovation that ultimately improves services for Albertans and all Canadians.

Tegan Hill

Director, Alberta Policy, Fraser Institute
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