Business Class Action

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: Covidclassaction@rathandcompany.com

To Review the Class Action Documents Click Here:

Business Class Action Statement of Claim
Business Class Action Brief
Ingram Decision

Press Release for Covid Business Restrictions Class Action Law Suit

Covid Business Losses Class Action Intake Form

First Name

Last Name

Phone

Address

City

State/Province

ZIP / Postal Code

Country

Business Name

Type of Business (e.g. Restaurant, Fitness Facility, etc.)

My Business Operates as a

Are you a Shareholder of the CorporationYesNo

Please explain how your business operates.

Briefly describe how the Covid-19 shutdown orders affected you or your business, including approximately the financial loss0 / 400

Thank you for your participation. Your assistance is greatly appreciated.

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:

April 12, 2024 - Plaintiffs to file and serve their Notice of Application and any evidence for the certification hearing
April 26, 2024 - Any cross examination on the plaintiffs’ material to be completed
May 10, 2024 - Any undertakings arising from the cross examination to be answered
June 7, 2024 - Defendants to file and serve any evidence in response
June 21, 2024 - Any cross examination on the defendant’s material to be completed
July 19, 2024 - Any undertakings arising from the cross examination to be answered
August 9, 2024 - Plaintiffs’ written brief to be filed and served
September 13, 2024 - Defendant’s written brief in response to be filed and served
September 27, 2024 - Plaintiffs’ reply brief, if any, to be filed and served
October 2 and 3, 2024 - 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.