Alberta
Chris Scott and Rebecca Ingram attempting Class Action Lawsuit against Province for COVID restrictions
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:
- Webex Link: https://albertacourts.webex.com/meet/virtual.courtroom16
- Webinar Number: 265 095 912
- Video address: [email protected]
- Webinar Password: COURT10022024 (or use the numeric code 26878100 when dialing in)
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
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:
- Webex Link: https://albertacourts.webex.com/albertacourts/j.php?MTID=m178603e16b482202c28d98b5ad6c9ffa
- Webinar Number: 2772 542 6969
- Webinar Password: COURT10022024 (or use the numeric code 26878100 when dialing in)
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.
We have uploaded the
We have uploaded the Transcripts and Undertaking. Specifically, on the website you can now find the:
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:
- April 12, 2024 – Plaintiffs to file and serve their Notice of Application and any evidence for the certification hearing
- April 26, 2024 – Any cross examination on the plaintiffs’ material to be completed
- May 10, 2024 – Any undertakings arising from the cross examination to be answered
- June 7, 2024 – Defendants to file and serve any evidence in response
- June 21, 2024 – Any cross examination on the defendant’s material to be completed
- July 19, 2024 – Any undertakings arising from the cross examination to be answered
- August 9, 2024 – Plaintiffs’ written brief to be filed and served
- September 13, 2024 – Defendant’s written brief in response to be filed and served
- September 27, 2024 – Plaintiffs’ reply brief, if any, to be filed and served
- October 2 and 3, 2024 – 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:
- Notice of Application
- 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
- Business Class Action Brief
Frequently Asked Questions
What is a Class Action Lawsuit?
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.
Do I have to pay to be part of the class action?
“If Ottawa had it’s way Albertans would be left to freeze in the dark”
The ineffective federal net-zero electricity regulations will not reduce emissions or benefit Albertans but will increase costs and lead to supply shortages.
The risk of power outages during a hot summer or the depths of harsh winter cold snaps, are not unrealistic outcomes if these regulations are implemented. According to the Alberta Electric System Operator’s analysis, the regulations in question would make Alberta’s electricity system more than 100 times less reliable than the province’s supply adequacy standard. Albertans expect their electricity to remain affordable and reliable, but implementation of these regulations could increase costs by a staggering 35 per cent.
Canada’s constitution is clear. Provinces have exclusive jurisdiction over the development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. That is why Alberta’s government is referring the constitutionality of the federal government’s recent net-zero electricity regulations to the Court of Appeal of Alberta.
“The federal government refused to work collaboratively or listen to Canadians while developing these regulations. The results are ineffective, unachievable and irresponsible, and place Albertans’ livelihoods – and more importantly, lives – at significant risk. Our government will not accept unconstitutional net-zero regulations that leave Albertans vulnerable to blackouts in the middle of summer and winter when they need electricity the most.”
“The introduction of the Clean Electricity Regulations in Alberta by the federal government is another example of dangerous federal overreach. These regulations will create unpredictable power outages in the months when Albertans need reliable energy the most. They will also cause power prices to soar in Alberta, which will hit our vulnerable the hardest.”
Finalized in December 2024, the federal electricity regulations impose strict carbon limits on fossil fuel power, in an attempt to force a net-zero grid, an unachievable target given current technology and infrastructure. The reliance on unproven technologies makes it almost impossible to operate natural gas plants without costly upgrades, threatening investment, grid reliability, and Alberta’s energy security.
“Ottawa’s electricity regulations will leave Albertans in the dark. They aren’t about reducing emissions – they are unconstitutional, ideological activist policies based on standards that can’t be met and technology that doesn’t exist. It will drive away investment and punish businesses, provinces and families for using natural gas for reliable, dispatchable power. We will not put families at risk from safety and affordability impacts – rationing power during the coldest days of the year – and we will continue to stand up for Albertans.”
“Albertans depend on electricity to provide for their families, power their businesses and pursue their dreams. The federal government’s Clean Electricity Regulations threaten both the affordability and reliability of our power grid, and we will not stand by as these regulations put the well-being of Albertans at risk.”
Related information
- Conference Board of Canada socio-economic Impacts of Canada’s 2030 Emissions Reduction Plan – (April 2025)
- Alberta Electric System Operator’s position on Canadian Energy Regulations
Oh, Canada
We find it endlessly fascinating that most Canadians believe they live in a representative democracy, where aspiring candidates engage in authentic politicking to earn their place in office. So accustomed are Canada’s power brokers to getting their way, they rarely bother to cover their tracks. A careful reading of the notoriously pliant Canadian press makes anticipating future events in the country surprisingly straightforward.
Back in December, when Pierre Poilievre was given better than 90% odds of replacing Prime Minister Justin Trudeau—and Mark Carney was still just an uncharismatic banker few had heard of—we engaged in some not-so-speculative dot-connecting and correctly predicted Carney’s rise to the top spot. Our interest was driven by the notoriously rocky relationship between Ottawa and the Province of Alberta, home to one of the world’s largest hydrocarbon reserves, and how Carney’s rise might be a catalyst for resetting Canada’s energy trajectory. In a follow-up article titled “The Fix Is In,” we laid out a few more predictions:
“Here’s how the play is likely to unfold in the weeks and months ahead: Carney will be elected Prime Minister on April 28 by a comfortable margin; [Alberta Premier Danielle] Smith will trigger a constitutional crisis, providing cover for Carney to strike a grand bargain that finally resolves longstanding tensions between the provinces and Ottawa; and large infrastructure permitting reform will fall into place. Protests against these developments will be surprisingly muted, and those who do take to the streets will be largely ignored by the media. The entire effort will be wrapped in a thicket of patriotism, with Trump portrayed as a threat even greater than climate change itself. References to carbon emissions will slowly fade…
In parallel, we expect Trump and Carney to swiftly strike a favorable deal on tariffs, padding the latter’s bona fides just as his political capital will be most needed.”
The votes have barely been counted, yet the next moves are already unfolding…
“Alberta Premier Danielle Smith says she’ll make it easier for citizens to initiate a referendum on the province’s future in Canada, after warning that a Liberal win in Monday’s election could spur a groundswell of support for Alberta separatism. Smith said on Tuesday that a newly tabled elections bill will give everyday Albertans a bigger say in the province’s affairs.
‘(We’re giving) Albertans more ways to be directly involved in democracy, and to have their say on issues that matter to them,’ Smith told reporters in Edmonton.
If passed, the new law would dramatically lower the number of signatures needed to put a citizen-proposed constitutional referendum question on the ballot, setting a new threshold of 10 per cent of general election turnout — or just over 175,000, based on Alberta’s last provincial election in 2023.”
“US President Donald Trump said on Wednesday that Canadian Prime Minister Mark Carney is looking to make a trade deal and will visit the White House within the next week. Trump said he congratulated Carney on his election victory when the Canadian leader called on Tuesday.
‘He called me up yesterday – he said let’s make a deal,’ Trump told reporters at the White House after a televised Cabinet meeting.”
Remember where you read it first.
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