Connect with us
[the_ad id="89560"]

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

0 / 400

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

Carney forces Alberta to pay a steep price for the West Coast Pipeline MOU

Published on

From the Fraser Institute

By Kenneth P. Green

The stiffer carbon tax will make Alberta’s oil sector more expensive and thus less competitive at a time when many analysts expect a surge in oil production. The costs of mandated carbon capture will similarly increase costs in the oilsands and make the province less cost competitive.

As we enter the final days of 2025, a “deal” has been struck between Carney government and the Alberta government over the province’s ability to produce and interprovincially transport its massive oil reserves (the world’s 4th-largest). The agreement is a step forward and likely a net positive for Alberta and its citizens. However, it’s not a second- or even third-best option, but rather a fourth-best option.

The agreement is deeply rooted in the development of a particular technology—the Pathways carbon capture, utilization and storage (CCUS) project, in exchange for relief from the counterproductive regulations and rules put in place by the Trudeau government. That relief, however, is attached to a requirement that Alberta commit to significant spending and support for Ottawa’s activist industrial policies. Also, on the critical issue of a new pipeline from Alberta to British Columbia’s coast, there are commitments but nothing approaching a guarantee.

Specifically, the agreement—or Memorandum of Understanding (MOU)—between the two parties gives Alberta exemptions from certain federal environmental laws and offers the prospect of a potential pathway to a new oil pipeline to the B.C. coast. The federal cap on greenhouse gas (GHG) emissions from the oil and gas sector will not be instituted; Alberta will be exempt from the federal “Clean Electricity Regulations”; a path to a million-barrel-per day pipeline to the BC coast for export to Asia will be facilitated and established as a priority of both governments, and the B.C. tanker ban may be adjusted to allow for limited oil transportation. Alberta’s energy sector will also likely gain some relief from the “greenwashing” speech controls emplaced by the Trudeau government.

In exchange, Alberta has agreed to implement a stricter (higher) industrial carbon-pricing regime; contribute to new infrastructure for electricity transmission to both B.C. and Saskatchewan; support through tax measures the building of a massive “sovereign” data centre; significantly increase collaboration and profit-sharing with Alberta’s Indigenous peoples; and support the massive multibillion-dollar Pathways project. Underpinning the entire MOU is an explicit agreement by Alberta with the federal government’s “net-zero 2050” GHG emissions agenda.

The MOU is probably good for Alberta and Canada’s oil industry. However, Alberta’s oil sector will be required to go to significantly greater—and much more expensive—lengths than it has in the past to meet the MOU’s conditions so Ottawa supports a west coast pipeline.

The stiffer carbon tax will make Alberta’s oil sector more expensive and thus less competitive at a time when many analysts expect a surge in oil production. The costs of mandated carbon capture will similarly increase costs in the oilsands and make the province less cost competitive. There’s additional complexity with respect to carbon capture since it’s very feasibility at the scale and time-frame stipulated in the MOU is questionable, as the historical experience with carbon capture, utilization and storage for storing GHG gases sustainably has not been promising.

These additional costs and requirements are why the agreement is the not the best possible solution. The ideal would have been for the federal government to genuinely review existing laws and regulations on a cost-benefit basis to help achieve its goal to become an “energy superpower.” If that had been done, the government would have eliminated a host of Trudeau-era regulations and laws, or at least massively overhauled them.

Instead, the Carney government, and now with the Alberta government, has chosen workarounds and special exemptions to the laws and regulations that still apply to everyone else.

Again, it’s very likely the MOU will benefit Alberta and the rest of the country economically. It’s no panacea, however, and will leave Alberta’s oil sector (and Alberta energy consumers) on the hook to pay more for the right to move its export products across Canada to reach other non-U.S. markets. It also forces Alberta to align itself with Ottawa’s activist industrial policy—picking winning and losing technologies in the oil-production marketplace, and cementing them in place for decades. A very mixed bag indeed.

Kenneth P. Green

Senior Fellow, Fraser Institute
Continue Reading

Alberta

West Coast Pipeline MOU: A good first step, but project dead on arrival without Eby’s assent

Published on

The memorandum of understanding just signed by Prime Minister Mark Carney and Premier Danielle Smith shows that Ottawa is open to new pipelines, but these are unlikely to come to fruition without British Columbia Premier David Eby’s sign-off, warns the MEI.

“This marks a clear change to Ottawa’s long-standing hostility to pipelines, and is a significant step for Canadian energy,” says Gabriel Giguère, senior policy analyst at the MEI. “However, Premier Eby seems adamant that he’ll reject any such project, so unless he decides not to use his veto, a new pipeline will remain a pipedream.”

The memorandum of understanding paves the way for new pipeline projects to the West Coast of British Columbia. The agreement lays out the conditions under which such a pipeline could be deemed of national interest and thereby, under Bill C-5, circumvent the traditional federal assessment process.

Adjustments to the tanker ban will also be made in the event of such a project, but solely for the area around the pipeline.

The federal government has also agreed to replace the oil and gas emissions cap with a higher provincial industrial carbon tax, effective next spring.

Along with Premier Eby, several First Nations groups have repeatedly said they would reject any pipeline crossing through to the province’s coast.

Mr. Giguère points out that a broader issue remains unaddressed: investors continue to view Canada as a high-risk environment due to federal policies such as the Impact Assessment Act.

“Even if the regulatory conditions improve for one project, what is Ottawa doing about the long-term uncertainty that is plaguing future projects in most sectors?” asks the researcher. “This does not address the underlying reason Carney has to fast-track projects piecemeal in the first place.”

Last July, the MEI released a publication on how impact assessments should be fair, transparent, and swift for all projects, not just the few favoured by Ottawa under Bill C-5.

As of July, 20 projects were undergoing impact assessment review, with 12 in the second phase, five in the first phase, and three being assessed under BC’s substitution agreement. Not a single project is in the final stages of assessment.

In an Economic Note published this morning, the MEI highlights the importance of the North American energy market for Canada, with over $200 billion moving between Canada and the United States every year.

Total contributions to government coffers from the industry are substantial, with tens of billions of dollars collected in 2024-2025, including close to C$22 billion by Alberta alone.

“While it’s refreshing to see Ottawa and Alberta work collaboratively in supporting Canada’s energy sector, we need to be thinking long-term,” says Giguère. “Whether by political obstruction or regulatory drag, Canadians know that blocking investment in the oilpatch blocks investment in our shared prosperity.”

* * *

The MEI is an independent public policy think tank with offices in Montreal, Ottawa, and Calgary. Through its publications, media appearances, and advisory services to policymakers, the MEI stimulates public policy debate and reforms based on sound economics and entrepreneurship.

 

Continue Reading

Trending

X