Lawsuit filed by businesses over Alberta COVID-19 restrictions derailed by appeals court

Lawyer Chad Williamson, left, and Whistle Stop Cafe owner Christopher Scott on Monday, Aug. 28, 2023, outside a Red Deer court following Scott's acquittal on charges he violated Alberta public health orders related to the COVID pandemic. (Sean McClune/CTV News Edmonton)

The Court of Appeal of Alberta has set aside the certification order for a class-action lawsuit brought against the Alberta government for imposing mandates on businesses during the COVID-19 pandemic.

The lawsuit was certified on Oct. 30, 2024, by the Court of King’s Bench and named Whistle Stop Cafe owner Christopher Scott as the representative plaintiff.

The class was defined as 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 chief medical officer of health (CMOH) orders between March 17, 2020, and the date of certification, according to court documents.

The lawsuit claims among other things that the government violated the Alberta Bill of Rights because the mandates were issued by the government as opposed to the CMOH.

According to the appeals court finding, the lawsuit was certified based on Ingram 2023, which rejected the finding that the orders were unconstitutional because the government did not order restrictions that were more severe than what had been recommended by the CMOH.

The province appealed the certification of the lawsuit, arguing that the lawsuit is bound to fail because there is no cause of action.

On Friday, the appeals court released a decision siding with the province.

In their decision the panel judges concluded none of the causes of action in the statement of claim have a reasonable chance of success, and thus the order is set aside.

The Whistle Stop Cafe in Mirror, Alta., made national headlines in 2021 when it opened for dine-in service, despite public health orders preventing it from doing so.

Scott was charged with 11 charges, nine of which fall under the Public Health Act.

He was acquitted on all charges in 2023.