Xiaoli Lily Wang, et al. v. Alberta Health Services

(Alberta) (Civil) (By Leave)


Health law - Public health, Privacy - Health law — Public health — Privacy — Access to rental properties for health inspections —Should a privately owned single residential dwelling be considered a “public place” or a “private place” in the context of a government agency’s inspection powers? — Does access to rental properties without reasonable and probable grounds violate section 8 of the Charter? — Public Health Act, RSA 2000, c. P-37.


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Xiaoli Lily Wang and Daiming Li own several residential properties in Calgary, Alberta which they rent out. In 2014, Alberta Health Services [“AHS”] sent notices to Ms. Wang and Mr. Li that it intended to conduct health and safety inspections of some of their properties. The notices were met with resistance. As a result, AHS filed an application with the Alberta Court of Queen’s Bench seeking court-ordered access. In October of 2014 the Court of Queen’s Bench of Alberta ordered Ms. Wang and Mr. Li to grant access to AHS pursuant to the Public Health Act, RSA 2000, c. P-37. In March of 2015 the Court of Queen’s Bench of Alberta denied an application to set aside or vary the order. The Court of Appeal of Alberta dismissed the appeal in October of 2018.