It is with great enthusiasm and anticipation that we share recent news from the courts of Alberta.

As a direct result of the success of an earlier case, Ingram v Alberta (Chief Medical Officer of Health), which found that public health orders (PHO’s) issued in Alberta during the covid pandemic to be ultra vires (beyond their legal power and authority), a class action lawsuit representing affected business owners and operators has now been certified to proceed.

We posted on the original case (see our post titled Alberta Court Rules Hinshaw’s’ Public Health Order Violated Charter Rights), in which Justice Romaine determined that the PHO’s imposed on citizens did not originate from the office of the Chief Medical Officer of Health (CMOH), those who had the authority to issue them, but originated surreptitiously from Cabinet members who did not. As a result, all applicable CMOH orders were found to be in opposition to the Alberta Bill of Rights and thus, legally invalid.

This finding has opened the door for affected businesses to challenge the Alberta government for liability and compensation of business losses.

Rebecca Ingram and Christopher Scott, with the legal support of Rath and Company, have moved forward with their class action lawsuit, with the intent of placing the responsibility for damages to affected businesses rightfully at the feet of government, and seeking punitive damages as a result of these unlawful actions.

Collectively, they have filed a request to certify a class action lawsuit against the Alberta government; a request that has now been granted by Justice Feasby of the Court of King’s Bench of Alberta.

For more information on the lawsuit and details regarding suitability for applicants, please see the attached links.

This is the first step in what is sure to be a lengthy case, restoring justice to the affected businesses of Alberta, but it is a success, nonetheless. It is also an important case for all Canadians to follow. The restoration of our rights and freedoms is long past due; for the continued success of our society, we need to acknowledge the gross infringements that have taken place.

We look forward to following the case as it proceeds, and fully support the citizens of Alberta in their fight to maintain their rights and freedoms.

Watch for more updates as the case progresses.

To read the Certification decision, click here 

To find out how you can join the Alberta Class Action Lawsuit, click here