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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.

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Alberta

Danielle Smith confirms Alberta will introduce bill to ban men from competing in women’s sports

Published on

From LifeSiteNews

By Anthony Murdoch

Proposed legislation would apply to ‘all competitive women’s and girls’ sports and all provincial sporting organizations as well as in our schools and postsecondary competitive sporting divisions,’ the Alberta premier said.

Alberta will soon introduce a law that bans gender-confused men from competing in women’s sports, Premier Danielle Smith announced.

“As it pertains to women and girls in competitive sports, proposed legislation will be tabled that prohibits individuals born biologically male from competing against women and girls in competitive sporting competitions,” Smith said earlier in the week in an announcement on her X account.

The new law will mean that women and girls in the province will be protected from having to compete against biological men who claim to be women in all sporting scenarios.

Smith, who leads the ruling United Conservative Party (UCP), said the new law will apply to “all competitive women’s and girls’ sports and all provincial sporting organizations as well as in our schools and postsecondary competitive sporting divisions.”

Smith noted that her government would “support the formation of additional” and possibly transgender-only “coed and recreational divisions so that all athletes have as many opportunities as possible to compete in their sport of choice.”

Smith said that before her new bill is tabled in the legislature she is looking to “depoliticize the discussion and focus on the well-being of the children and youth most affected by these policies.”

Earlier in the year, she said her government was looking to bring forth legislation banning gender-confused men from competing in women’s sports.

Alberta’s new law prohibiting men from competing in women’s sports comes after studies have repeatedly revealed that gender-confused males have a considerable advantage over women in athletics.

Indeed, a recent study published in Sports Medicine found that a year of transgender hormone drugs results in “very modest changes” in the inherent strength advantages of men.

The news of the new bill also comes as the UCP looks to November to bring forth a resolution that calls on the government to introduce a law protecting “female spaces” for biological females and their children.

The UCP under Smith wants to bring forth laws focusing on parental rights as well as protecting Albertans’ general rights.

As reported by LifeSiteNews, part of Smith’s new bill would allow parents to opt their children into sexual education lessons rather than opt them out.

LifeSiteNews recently reported on forthcoming legislation to be introduced by the UCP that includes a provision that would cement parental rights as a “God-given right,” with the goal to prevent government overreach into parents raising kids.

It is expected that the UCP government will introduce its new “Bill of Rights” this fall. The bill contains a slew of pro-freedom proposals, including enshrining the “right to life” into law from “conception, gestation in the womb.”

The bill also includes a section that guarantees each citizen has the “right” to medical “informed consent” as well as the “right” to “refuse vaccinations.”

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Alberta

Danielle Smith hits back at Liberal ‘gender’ minister who attacked Alberta’s pro-family legislation

Published on

From LifeSiteNews

By Clare Marie Merkowsky

The Alberta premier fact-checked pro-LGBT Minister of Women and Gender Equality Marci Ien’s condemnation of pro-family legislation, pointing out that children who undergo irreversible gender surgeries and drugs suffer from the repercussions for life.

Alberta Premier Danielle Smith blasted a Liberal minister for spreading the false claim that legislation will hurt gender-confused kids.

In an Oct. 1 exchange on X, formerly known as Twitter, Alberta Premier Danielle Smith fact-checked  pro-LGBT Minister of Women and Gender Equality Marci Ien’s condemnation of pro-family legislation, pointing out that children who undergo irreversible gender surgeries and drugs suffer from the repercussions for life.

“Premier Smith is doubling down on her plans to target trans youth,” Ien had written. “She says this conversation is only for ‘adults.’ That’s because she knows that if she listened to the people affected by these policies, she would have to face how many kids she is hurting.”

“Do you mean like listening to children going through this, @MarciIen?” Smith questioned, linking to a National Post article highlighting the pain and regret by detransitioners who made irreversible decision to take drugs and surgeries to change their bodies as young teens.

Later, Smith doubled down on her stance, saying, “In Alberta, we believe children should wait until adulthood before making physical changes to their body.”

“Furthermore, we believe in the rights of loving parents to be meaningfully engaged with their children’s education when sensitive issues are taught,” she continued. “And women and girls deserve the opportunity to compete fairly and safely in female-only divisions.”

Smith’s new legislation, which will take effect later this month, far surpasses other provinces in its protection of children and would make Alberta’s parental rights laws the strongest in the country.

Licensed doctors are prohibited from performing sex-change surgeries on youth under age 18 in Alberta. Puberty blockers and cross-sex hormones will be prohibited for minors under the age of 16 unless the minors have already begun taking those drugs.

Those “born biologically male” will be prohibited from competing against women and girls in competitive sports. Parental opt-in will be required for “each instance” a teacher wishes to discuss gender identity, sexual orientation, or human sexuality.

Parental notification is required for “socially transitioning” a student — that is, changing a student’s given name or pronouns. Unfortunately, 16- and 17-year-olds are still allowed to decide to change their name or pronouns in school, but parents must be notified.

While Smith has received severe backlash from LGBT activists, she revealed in February that the new legislation was a result of hearing of the horrors that took place at the U.K.’s Tavistock Centre, the National Health Service’s “gender clinic” for children who believe they are “transgender.”

In 2019, the clinic was exposed for approving “life-changing medical intervention” for children and teens “without sufficient evidence of its long-term effects.” Shortly after, the clinic was forced to shut down.

Smith was especially touched by the story of Keira Bell, who was given puberty blockers and testosterone injections by the Tavistock clinic and underwent a double mastectomy at age 20. She now “very seriously regrets the process” and has joined a lawsuit against the clinic.

Unfortunately, Bell’s story is not unique, as overwhelming evidence reveals that those who undergo so-called “gender transitioning” are more likely to commit suicide than those who are not given irreversible surgery. A Swedish study found that those who underwent so-called “gender reassignment” surgery ended up with a 19.2 times greater risk of suicide.

In fact, in addition to asserting a false reality that one’s sex can be changed, transgender surgeries and drugs have been linked to permanent physical and psychological damage, including cardiovascular diseasesloss of bone densitycancerstrokes and blood clotsinfertility, and suicidality.

Indeed, there is proof that the most loving and helpful approach to people who think they are a different sex is not to validate them in their confusion but to show them the truth.

A new study on the side effects of transgender “sex change” surgeries discovered that 81 percent of those who had undergone “sex change” surgeries in the past five years reported experiencing pain simply from normal movement in the weeks and months that followed — and that many other side effects manifest as well.

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