Business Class Action
Summary of the Covid Business Restrictions Class Action Lawsuit
Latest Business Class Action Updates
April 29, 2025
The Plaintiffs have filed an Application with the Court to amend the Certification Order to include a Corporate Class or Subclass consisting of corporations. The Court has established the following procedural schedule for this application:
- May 23, 2025: The Plaintiffs will file and serve their brief in support of the application.
- June 13, 2025: The Defendant will file and serve their reply brief.
- June 20, 2025: The Plaintiffs will file and serve their response brief, if any.
- June 25, 2025, at 2:00 pm: Application to be heard before Justice Feasby
The Application and supporting Affidavits sworn by Sawan Naim, David Hanson and Drew Barnes are available for review > click here.
We will continue to provide updates and upload the documents on our website as we progress through these steps.
Latest Business Class Action Updates
April 14, 2025
On April 16, 2025, parties will attend a virtual case conference hearing before Justice Feasby to discuss the Plaintiffs application for a Corporate SubClass. The public and affected parties can view the proceedings online via the following link to Virtual Courtroom 60: https://albertacourts.webex.com/meet/virtual.courtroom60
Date: Apr 16, 2025 09:00 AM
Style of Cause: 2301 12271 – INGRAM, REBECCA MARIE v. HIS MAJESTY THE KING, ALBERTA
Presiding Justice: FEASBY, J
– Please ensure your video is turned off and your microphone is muted during the session.
– Recording or rebroadcasting of the video is strictly prohibited.
Business Class Action Updates
February 10, 2025
On February 13, 2025, parties will attend a case conference hearing before Justice Feasby to discuss next steps of the class action. All relevant material are accessible online. The public and affected parties can attend in person at the Calgary court house or they can view the proceedings online via the following link to Virtual Courtroom 01: https://albertacourts.webex.com/meet/virtual.courtroom01
Date: Feb 13, 2025 01:00 PM
Style of Cause: 2301 12271 – INGRAM, REBECCA MARIE v. HIS MAJESTY THE KING, ALBERTA
Presiding Justice: FEASBY, J
– Please ensure your video is turned off and your microphone is muted during the session.
– Recording or rebroadcasting of the video is strictly prohibited.
December 23, 2024
The Province of Alberta filed a Notice of Appeal in response to Justice Feasby’s decision to certify the Alberta business class action lawsuit. Justice Feasby’s certification decision, issued October 30, 2024, marked a crucial step in the legal proceeding allowing the claims to proceed as a class action, enabling Alberta businesses affected by these closures to collectively seek justice for their losses.
Certification does not determine liability but recognizes that the claims meet the procedural requirements to be addressed in a single action rather than through individual lawsuits. Justice Feasby’s decision to certify the class action affirmed that the legal questions and factual issues raised warranted a unified approach.
The Alberta Court of Appeal will review the Notice of Appeal and determine whether Justice Feasby’s certification decision will stand. Alberta’s appeal challenges this certification decision and delays proceedings for the thousands of businesses represented in this action.
The appeal process is expected to extend the timeline for resolution, increasing frustration and uncertainty for businesses already burdened by the pandemic’s economic impact. These delays exacerbate the harm to businesses and impede their ability to recover and move forward.
See the Government of Alberta’s Notice of Appeal here.
October 30, 2024
The Business Class Action has now been Certified!
Download the Certification Decision.
Documents related to this matter that have been filed to date are available for viewing online – see links BELOW.
Covid Business Losses Class Action Intake Form
Background
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 any of the the Class Action Documents
listed below Click Here:
- Notice of Appeal
- Notice of Application
- Business Class Action Statement of Claim
- Business Class Action Plaintiffs Brief
- Business Class Action Provinces Brief
- Business Class Action Plaintiffs Reply
- Affidavit of Rebecca Ingram
- Affidavit of Christopher Scott
- Affidavit of Dana Hogemann – Senior
- Assistant Deputy Minister, Treasury Board Secretariat
- Affidavit of Andy Ridge – Incident Commander of the Emergency Operations Centre with the Ministry of Health
- Affidavit and Expert Report of Randy Popik – Chartered Accountant at Kingston Ross Pasnak LLP
- Affidavit and Expert Report of Christopher Cotton – Professor of Economics at Queen’s University
- Scott Transcript
- Ridge Undertaking
- Ridge Transcript
- Cotton Undertaking
- Cotton Transcript
- Popik Undertaking
- Popik Transcript
- Ingram Transcript
- Eberle-Morris Transcript
- Hogemann Transcript
- Ingram Decision
Press Release for Covid Business Restrictions Class Action Law Suit
Business Class Action Update - October 1, 2024
The Certification Hearing scheduled with Justice Feasby will be available for online viewing. Below are the details you need to join the session:
Date and Time:
- October 2 and 3, 2024, at 10:00 AM (Mountain Time, UTC-06:00)
Join Online:
- Webex Link: https://albertacourts.webex.com/albertacourts/j.php?MTID=m178603e16b482202c28d98b5ad6c9ffa
- Webinar Number: 2772 542 6969
- Webinar Password: COURT10022024 (or use the numeric code 26878100 when dialing in)
Join by Phone:
- Dial-In Number: +1-780-851-3573 (Canada Toll – Edmonton)
- Access Code: 277 254 26969
PLEASE NOTE – Recording or rebroadcasting of this hearing is strictly prohibited.
We have uploaded the
We have uploaded the Transcripts and Undertaking. Specifically, on the website you can now find the:
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:
- Notice of Application
- Affidavit of Rebecca Ingram
- Affidavit of Christopher Scott
- Affidavit of Dana Hogemann – Senior Assistant Deputy Minister, Treasury Board Secretariat
- Affidavit of Andy Ridge – Incident Commander of the Emergency Operations Centre with the Ministry of Health
- Affidavit and Expert Report of Randy Popik – Chartered Accountant at Kingston Ross Pasnak LLP
- Affidavit and Expert Report of Christopher Cotton – Professor of Economics at Queen’s University
- Business Class Action Brief
Frequently Asked Questions
What is a Class Action Lawsuit?
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.