A law firm is planning a class action lawsuit against the Alberta government on behalf of businesses that suffered due to lockdowns during the pandemic.Jeffrey Rath, lead counsel for the the Alberta-based Rath & Company, says justice is waiting.“In what world is it fair for small business owners to bear the financial brunt for the benefit of the entire province?” Rath said in a news release.“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.”Constitutional lawyer Eva Chipiuk publicized the lawsuit on Twitter ("X") while explaining its context.“This lawsuit follows the recent Ingram Decision by the Calgary Court of King’s Bench, which declared that all of Dr. (Deena) 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 Alberta’s Court of Kings Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province. As a result, Alberta Crown Prosecutions Service said Albertans facing COVID-related charges will likely have their charges stayed.Pizzeria owner Jesse Johnson, café owner Chris Scott, Dr. Michal Princ, and Alberta pastors James Coates, Tim Stephens and Artur Pawlowski, have already had COVID-19 charges against them dropped due to the court ruling.Thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID-19 restrictions, mostly in 2020/21, that forced them to close their doors for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.According to recently-released federal data, 120,344 small- and medium-sized Canadian businesses permanently closed because of COVID-19 lockdowns.The Rath 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, 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." Rath says the case will be an “important” one about “government actions and overreach during a time when business owners were unlawfully mandated to close their businesses at moment’s 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,” he said.Any Alberta business owner who was forced to close by government decree and was adversely affected by the COVID-19 mandates. Those wanting to join can register online here to join the class action.The class action still needs to be certified before the court for it to proceed, something that could take years. According to Rath, Alberta government lawyers are fighting against the class action being certified.
A law firm is planning a class action lawsuit against the Alberta government on behalf of businesses that suffered due to lockdowns during the pandemic.Jeffrey Rath, lead counsel for the the Alberta-based Rath & Company, says justice is waiting.“In what world is it fair for small business owners to bear the financial brunt for the benefit of the entire province?” Rath said in a news release.“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.”Constitutional lawyer Eva Chipiuk publicized the lawsuit on Twitter ("X") while explaining its context.“This lawsuit follows the recent Ingram Decision by the Calgary Court of King’s Bench, which declared that all of Dr. (Deena) 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 Alberta’s Court of Kings Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province. As a result, Alberta Crown Prosecutions Service said Albertans facing COVID-related charges will likely have their charges stayed.Pizzeria owner Jesse Johnson, café owner Chris Scott, Dr. Michal Princ, and Alberta pastors James Coates, Tim Stephens and Artur Pawlowski, have already had COVID-19 charges against them dropped due to the court ruling.Thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID-19 restrictions, mostly in 2020/21, that forced them to close their doors for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.According to recently-released federal data, 120,344 small- and medium-sized Canadian businesses permanently closed because of COVID-19 lockdowns.The Rath 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, 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." Rath says the case will be an “important” one about “government actions and overreach during a time when business owners were unlawfully mandated to close their businesses at moment’s 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,” he said.Any Alberta business owner who was forced to close by government decree and was adversely affected by the COVID-19 mandates. Those wanting to join can register online here to join the class action.The class action still needs to be certified before the court for it to proceed, something that could take years. According to Rath, Alberta government lawyers are fighting against the class action being certified.
