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Law firm Rath & Company announced a major victory for Alberta business owners impacted by COVID-19 restrictions, as the Court of King's Bench of Alberta has certified their class-action claim, Ingram v Alberta, enabling affected businesses to pursue damages from the government.

Justice Feasby’s ruling yesterday confirmed that the class action, led by proposed representative plaintiffs Rebecca Ingram and Christopher Scott, can move forward.

The lawsuit addresses losses incurred due to Chief Medical Officer of Health (CMOH) orders previously deemed unlawful—exceeding the legal authority defined under Alberta’s Public Health Act (PHA) in a previous ruling, Ingram v Alberta.

The Court certified multiple claims, including allegations of negligence, bad faith, and misfeasance in public office which means that affected businesses can now seek compensation for harm suffered due to these illegal orders, including the possibility of punitive damages.

Lawyer on the case, Eva Chipiuk, shared a public press release on social media further examining Justice Feasby’s decision.

“The Proposed Representative Plaintiffs plead essentially that Cabinet hid behind the CMOH thereby avoiding democratic accountability. That, in my view, is a collateral purpose that is plausibly bad faith,” Feasby is quoted as saying.

The affected class can include “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,” as outlined by Feasby. “For clarity, 'owned' does not include ownership as a shareholder in a corporation or as a member of a cooperative,” it furthered.

“This is a huge day for Alberta businesses that were illegally harmed by Jason Kenney and Deena Hinshaw,” lead counsel Jeff Rath commented.