Judge approves class-action lawsuit for Alberta business owners hurt by pandemic restrictions
CBC
A Calgary judge has certified a class action lawsuit for Alberta business owners seeking compensation for losses suffered due to pandemic-related public health restrictions.
On Wednesday, Justice Colin Feasby released his 26-page decision certifying the proposed class action, with Whistle Stop Cafe owner Christopher Scott named as representative plaintiff.
The lawsuit, filed by lawyer Jeffrey Rath, followed Justice Barbara Romaine's July 2023 "Ingram" decision. She found that health orders were made outside the scope of the province's Public Health Act.
The act gives the chief medical officer of health (CMOH) the power to make public health orders. But during the pandemic, instead of Dr. Deena Hinshaw making the orders, politicians did, acting without legal authority.
Rath's lawsuit alleges that because the orders were found to be unlawful, Alberta is liable for the class members' losses caused by the closures and restrictions imposed on businesses.
"This is a huge day for Alberta businesses that were illegally harmed by [premier] Jason Kenny and Deena Hinshaw," said Rath in a written statement.
"The court found that the action can proceed against the Government of Alberta on a number of grounds, including misfeasance in public office, allowing the plaintiffs to seek punitive damages against the Alberta government for wrongdoing."
During the pandemic, representative plaintiff Chris Scott faced several charges, accused of breaching the Public Health Act when his restaurant, the Whistle Stop Cafe in Mirror, Alta., remained open despite restrictions banning large gatherings and in-person dining in January 2021.
Scott's charges were stayed after Romaine's decision was released.
Feasby described Scott as "atypical of the proposed class because for much of the time in question, he refused to abide by the CMOH orders."
But Feasby found that did not disqualify Scott from acting as representative plaintiff because even though he disobeyed the CMOH orders and profited from his disobedience, his business was forcibly closed for a period.
The judge did raise concerns that Scott "may be inclined to use the litigation to pursue irrelevant ideological objectives, advance theories that COVID-19 was not a public health emergency, and re-litigate his personal battles with Alberta and Alberta Health Services."
But, he said, those concerns can be managed by limiting the scope of the issues that the lawsuit can proceed on.
The lawsuit can proceed on six common issues.
WARNING: This story details allegations of child abuse.
It’s been hard to keep track of how many legal challenges and active court proceedings the United Conservative government has tried to quash or pre-emptively block in the last six weeks, but let’s try to tally:
Margaret Walker, the emcee of a Waterloo vigil commemorating the victims of the Montreal massacre, doesn't feel enough is being done to reflect on the killings and address gender-based violence.
The P.E.I. Humane Society says it is doing far more fundraising than it used to, and rising expenses — including the cost of animal medications — are a big reason why.
Ottawa is staring down a court-ordered deadline to submit a new plan to reform the on-reserve child welfare system, as a group of First Nations leaders and children’s advocates prepare a competing proposal.
An underpass revitalization project that was meant to pay tribute to the people of Parkdale has instead deteriorated into “a garbage dump,” according to nearby residents.
A young man has been charged with criminal negligence causing bodily harm after a fire at a frat party near Western University that injured five sorority sisters, including two seriously, late Tuesday night.
The massive deal to combine one of Hollywood's oldest studios with a streaming giant hasn't even been approved yet, but it's already riling multiple related industries and politicians concerned about monopolies and media concentration.
Mi'kmaq chiefs and a former Nova Scotia justice minister are criticizing the provincial government for directing police to crack down on illegal cannabis, saying the order undermines relations with Indigenous Peoples.
For years, there has been “glaring inequity” in the way the province has allocated the millions of dollars in its county roads budget, according to Department of Transportation Minister Chuck Chiasson.
Six months after passing a law aimed at making it easier for new grocery stores to open, Manitoba's premier says lower grocery bills could be on the horizon.
Timothy Smith was acting in self-defence when he punched Landon Waddell, and shouldn't be found guilty of manslaughter, his lawyer says.
Thoroughbred horse racing at Vancouver’s Hastings Racecourse is ending after more than a century, with the operator announcing Friday it will no longer run a racing season at the historic facility.