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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

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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.

Alberta

Median workers in Alberta could receive 72% more under Alberta Pension Plan compared to Canada Pension Plan

Published on

From the Fraser Institute

By Tegan Hill and Joel Emes

Moving from the CPP to a provincial pension plan would generate savings for Albertans in the form of lower contribution rates (which could be used to increase private retirement savings while receiving the same pension benefits as the CPP under the new provincial pension), finds a new study published today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.

“Due to Alberta’s comparatively high rates of employment, higher average incomes, and younger population, Albertans would pay a lower contribution rate through a separate provincial pension plan while receiving the same benefits as under the CPP,” said Tegan Hill, director of Alberta policy at the Fraser Institute and co-author of Illustrating the Potential of an Alberta Pension Plan.

Assuming Albertans invested the savings from moving to a provincial pension plan into a private retirement account, and assuming a contribution rate of 5.85 per cent, workers earning the median income in Alberta ($53,061 in 2025) could accrue a stream of retirement payments totalling $454,741 (pre-tax)—a 71.6 per cent increase from their stream of CPP payments ($264,968).

Put differently, under the CPP, a median worker receives a total of $264,968 in retirement income over their life. If an Alberta worker saved the difference between what they pay now into the CPP and what they would pay into a new provincial plan, the income they would receive in retirement increases. If the contribution rate for the new provincial plan was 5.85 per cent—the lower of the available estimates—the increase in retirement income would total $189,773 (or an increase of 71.6 per cent).

If the contribution rate for a new Alberta pension plan was 8.21 per cent—the higher of the available estimates—a median Alberta worker would still receive an additional $64,672 in retirement income over their life, a marked increase of 24.4 per cent compared to the CPP alone.

Put differently, assuming a contribution rate of 8.21 per cent, Albertan workers earning the median income could accrue a stream of retirement payments totaling $329,640 (pre-tax) under a provincial pension plan—a 24.4 per cent increase from their stream of CPP payments.

“While the full costs and benefits of a provincial pension plan must be considered, its clear that Albertans could benefit from higher retirement payments under a provincial pension plan, compared to the CPP,” Hill said.

Illustrating the Potential of an Alberta Pension Plan

  • Due to Alberta’s comparatively high rates of employment, higher average incomes, and younger population, Albertans would pay a lower contribution rate with a separate provincial pension plan, compared with the CPP, while receiving the same benefits as under the CPP.
  • Put differently, moving from the CPP to a provincial pension plan would generate savings for Albertans, which could be used to increase private retirement income. This essay assesses the potential savings for Albertans of moving to a provincial pension plan. It also estimates an Albertan’s potential increase in total retirement income, if those savings were invested in a private account.
  • Depending on the contribution rate used for an Alberta pension plan (APP), ranging from 5.85 to 8.2 percent, an individual earning the CPP’s yearly maximum pensionable earnings ($71,300 in 2025), would accrue a stream of retirement payments under the total APP (APP plus private retirement savings), yielding a total retirement income of between $429,524 and $584,235. This would be 22.9 to 67.1 percent higher, respectively, than their stream of CPP payments ($349,545).
  • An individual earning the median income in Alberta ($53,061 in 2025), would accrue a stream of retirement payments under the total APP (APP plus private retirement savings), yielding a total retirement income of between $329,640 and $454,741, which is between 24.4 percent to 71.6 percent higher, respectively, than their stream of CPP payments ($264,968).

 

Tegan Hill

Director, Alberta Policy, Fraser Institute
Joel Emes

Joel Emes

Senior Economist, Fraser Institute
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Alberta

Alberta ban on men in women’s sports doesn’t apply to athletes from other provinces

Published on

From LifeSiteNews

By Clare Marie Merkowsky

Alberta’s Fairness and Safety in Sport Act bans transgender males from women’s sports within the province but cannot regulate out-of-province transgender athletes.

Alberta’s ban on gender-confused males competing in women’s sports will not apply to out-of-province athletes.

In an interview posted July 12 by the Canadian Press, Alberta Tourism and Sport Minister Andrew Boitchenko revealed that Alberta does not have the jurisdiction to regulate out-of-province, gender-confused males from competing against female athletes.

“We don’t have authority to regulate athletes from different jurisdictions,” he said in an interview.

Ministry spokeswoman Vanessa Gomez further explained that while Alberta passed legislation to protect women within their province, outside sporting organizations are bound by federal or international guidelines.

As a result, Albertan female athletes will be spared from competing against men during provincial competition but must face male competitors during inter-provincial events.

In December, Alberta passed the Fairness and Safety in Sport Act to prevent biological men who claim to be women from competing in women’s sports. The legislation will take effect on September 1 and will apply to all school boards, universities, as well as provincial sports organizations.

The move comes after studies have repeatedly revealed what almost everyone already knew was true, namely, that 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.

Additionally, male athletes competing in women’s sports are known to be violent, especially toward female athletes who oppose their dominance in women’s sports.

In February, Andres ranted about why men should be able to compete in women’s competitions, calling for “the Ontario lifter” who opposes this, apparently referring to powerlifter April Hutchinson, to “die painfully.”

Interestingly, while Andres was suspended for six months for issuing death threats, Hutchinson was suspended for two years after publicly condemning him for stealing victories from women and then mocking his female competitors on social media. Her suspension was later reduced to a year.

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