Summarised by Centrist
Businesses in Canada’s western province of Alberta, impacted by COVID restrictions, have been granted the right to pursue a class action against the Alberta government.
The lawsuit, led by Rebecca Ingram and Christopher Scott, argues the restrictions were “ultra vires,” meaning they exceeded the authority of the Public Health Act.
King’s Bench Justice Colin Feasby ruled that business owners affected by closures and restrictions issued by then-Chief Medical Officer of Health (CMOH) Deena Hinshaw can proceed with claims, including negligence, bad faith, and misfeasance in public office.
Lawyer Jeffrey Rath, representing the businesses, contends that Alberta officials used CMOH orders to deflect political responsibility for the restrictions. He describes these as prioritising bureaucratic safety over public well-being.
The court’s decision specifically allows claims for punitive damages to punish wrongful government actions and deter future misconduct. This is notable because it is different from simply compensating businesses for losses incurred as a result of vaccine mandates.
The judge’s decision said the class is comprised of “All individuals who owned, in whole or in part, a business or businesses in Alberta that was subject to full or partial closure, or operational restrictions, mandated by the CMOH Orders between March 17, 2020, and the date of certification.”
Editor’s note: This is a meaningful first step but the hurdle for Crown liability in this sort of situation is quite high.
