Judge Green Lights Class-Action Lawsuit for Alberta Business Owners Impacted by Pandemic Restrictions

A Calgary judge has certified a class action lawsuit filed on behalf of Alberta business owners seeking compensation for losses they suffered due to pandemic-related restrictions.
“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 (chief medical officer of health) orders between March 17, 2020, and the date of certification,” court documents read.
The plaintiffs argue they are entitled to such compensation because the CMOH orders were declared unlawful under the Public Health Act in 2023.
Christopher Scott, owner of The Whistle Stop Café in central Alberta, was assigned by the judge as the representative plaintiff of the class action, which was filed by lawyer Jeffrey Rath.
The province had argued against the certification of the lawsuit, asserting that “Alberta enjoys immunity for various reasons including that the CMOH orders were policy decisions.”
Feasby noted in his court decision that Scott raised some $120,000 in donations to fund his opposition to the CMOH orders, and added that Scott admitted on cross-examination that his public resistance led to more business for his restaurant.
Scott faced criminal charges for refusing to comply with the CMOH orders and spent a “brief” period in the Red Deer Remand Centre, according to the court document. In 2023, all charges against him were dropped after the orders were found to exceed legal authority.
The Calgary judge concluded that, while Scott’s situation differs from that of the class members, this does not disqualify him from serving as a representative plaintiff. “The question is whether he can ‘fairly and adequately’ represent the interests of the class,” Feasby wrote.
The lawsuit will proceed on six key issues, including whether the province breached the Alberta Bill of Rights, in particular property rights, and whether the pandemic restriction orders were “deliberate misconduct” by public officials.