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?
Alberta
Alberta school boards required to meet new standards for school library materials with regard to sexual content
Alberta’s government has introduced new standards to ensure school library materials are age-appropriate.
School libraries should be safe and supportive places where students can learn and explore without being exposed to inappropriate sexual content. However, in the absence of a consistent standard for selecting age-appropriate library materials, school boards have taken different approaches, leading to concerns about safeguards in place.
In response to these concerns, and informed by feedback from education partners and the public, Alberta’s government has created standards to provide school boards with clear direction on the selection, availability and access to school library materials, such as books.
“Our actions to ensure that materials in school libraries don’t expose children to sexual content were never about banning books. These new standards are to ensure that school boards have clear guidance to ensure age-appropriate access to school library materials, while reflecting the values and priorities of Albertans.”
The new standards set clear expectations for school library materials with regard to sexual content and require school boards to implement policies to support these standards.
Standards for school library materials
Under the new standards, school libraries are not permitted to include library materials containing explicit sexual content. Non-explicit sexual content may be accessible to students in Grade 10 and above, provided it is age-appropriate.
“Protecting kids from explicit content is common sense. LGBTQ youth, like all children, deserve to see themselves in stories that are age-appropriate, supportive and affirming – not in material that sexualizes or confuses them.”
School boards must also regularly review their school library collections, publish a full list of available materials and ensure that a staff member supervises students’ access to school library materials. School boards will have to remove any materials with explicit sexual content from their school libraries by October 1.
School board policies and procedures
All school boards must have publicly available policies that align with the new standards for selecting and managing library materials by January 1, 2026. School boards can either create new policies or update existing ones to meet these requirements.
These policies must outline how school library materials are selected and reviewed, how staff supervise students’ access throughout the school day, and how a student, parent, school board employee or other member of the school community can request a review or removal of materials in the school library. School boards are also required to clearly communicate these policies to employees, students and parents before January 2026.
“A robust, grade- and age-appropriate library catalogue is vital for student success. We welcome the ministry’s initiative to establish consistent standards and appreciate the ongoing consultation to help craft a plan that will serve our families and communities well.”
“Red Deer Public Schools welcomes the new provincial standards for school library materials. Our division is committed to maintaining welcoming, respectful learning spaces where students can grow and thrive. Under the new standards for school libraries, we remain dedicated to providing learning resources that reflect our values and support student success.”
Quick facts
- The new standards will apply to public, separate, francophone, charter and independent schools.
- The ministerial order does not apply to municipal libraries located within schools or materials selected for use by teachers as learning and teaching resources.
- From May 26 to June 6, almost 80,000 people completed an online survey to provide feedback on the creation of consistent standards to ensure the age-appropriateness of materials available to students in school libraries.
Related information
- Ministerial Order
- School library standards engagement
- Reference Materials: Content warning: this document contains graphic content that may be disturbing to viewers and is not appropriate for young viewers. Viewer discretion is advised.
Regional health councils give Albertans a voice
Albertans want a health care system that reflects where they live and adapts to the unique needs of their communities. As part of the province’s health care refocus, Alberta’s government committed to strengthening community voices by providing more opportunities for Albertans to bring forward their local priorities and offer input on how to improve the system.
The regional advisory councils, made up of 150 members from 71 communities, will advise Alberta’s four health ministries and the newly refocused health agencies: Primary Care Alberta, Acute Care Alberta, Assisted Living Alberta and Recovery Alberta. Each council will explore solutions to local challenges and identify opportunities for the health system to better support community decision-making.
“By hearing first-hand community feedback directly, we can build a system that is more responsive, more inclusive and ultimately more effective for everyone. I am looking forward to hearing the councils’ insights, perspectives and solutions to improve health care in all corners of our province.”
“Regional advisory councils will strengthen acute care by giving communities a direct voice. Their insights will help us address local needs, improve patient outcomes and ensure timely access to hospital services.”
“A ‘one-size-fits-all’ approach does not address unique regional needs when it comes to mental health and addiction challenges. These councils will help us hear directly from communities, allowing us to tailor supports and services to meet the needs of Albertans where they are.”
“Every community has unique needs, especially when it comes to seniors and vulnerable populations. These regional advisory councils will help us better understand those needs and ensure that assisted living services are shaped by the people who rely on them.”
Members include Albertans from all walks of life, health care workers, community leaders, Indigenous and municipal representatives, and others with a strong tie to their region. About one-third of members work in health care, and more than half of the council chairs are health professionals. Almost one-quarter are elected municipal officials, including 10 serving as chairs or vice-chairs. Ten councils also include a representative from a local health foundation.
Council members will share local and regional perspectives on health care services, planning and priorities to help ensure decisions reflect the realities of their communities. By engaging with residents, providers and organizations, they will gather feedback, identify challenges and bring forward ideas that may not otherwise reach government.
Through collaboration and community-informed solutions, members will help make the health system more responsive, accessible and better able to meet the needs of Albertans across the province.
“As Primary Care Alberta works to improve access to primary health care services and programs across Alberta, we are grateful to have the opportunity to tap into a dedicated group of community leaders and representatives. These people know their communities and local needs, and we look forward to learning from their experiences and knowledge as we shape the future of primary care in Alberta.”
“The regional advisory councils will help to bring forward the voices of patients, families and front-line providers from every corner of Alberta. Their insights will help us plan smarter and deliver care that’s timely, effective and truly local. We look forward to working closely with them to strengthen hospital and surgical services across the province.”
“Nobody understands the health care challenges unique to a community better than the people who live there. The regional health advisory councils are made up of those living and working on the front lines across the province, ensuring we are getting the perspective of Albertans most affected by our health care system.”
“Alongside Recovery Alberta’s staff and physician team, these regional advisory councils will build upon the high standard of mental health, addiction and correctional health services delivered in Alberta.”
Indigenous Advisory Council
Alberta’s government continues to work directly with Indigenous leaders across the province to establish the Indigenous Advisory Council to strengthen health care services for First Nation, Métis and Inuit communities.
With up to 22 members, including Indigenous health care workers, community leaders and individuals receiving health care services, the council will represent diverse perspectives across Alberta. Members will provide community perspectives about clinical service planning, capital projects, workforce development and cultural integration in health care.
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