Case information
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40180
Rebecca Marie Ingram v. His Majesty the King in Right of the Province of Alberta, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2101-0145AC, 2022 ABCA 97, dated March 17, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-11-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-17 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-07-04, (Printed version due on 2022-06-24) | Rebecca Marie Ingram |
| 2022-06-14 | Notice of name, (Letter Form), (Printed version due on 2022-06-21) | Chief Medical Officer of Health |
| 2022-06-10 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-06-15) | His Majesty the King in Right of the Province of Alberta |
| 2022-06-10 | Respondent's response on the application for leave to appeal, (Letter Form), require: form 14 (rec'd 2022-06-14), Completed on: 2022-06-14, (Printed version filed on 2022-06-15) | His Majesty the King in Right of the Province of Alberta |
| 2022-06-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-08 | |
| 2022-05-12 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-05-13) | Rebecca Marie Ingram |
| 2022-05-12 | Application for leave to appeal, (Book Form), Completed on: 2022-05-12, (Printed version filed on 2022-05-13) | Rebecca Marie Ingram |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ingram, Rebecca Marie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of the Province of Alberta | Respondent | Active |
| Chief Medical Officer of Health | Respondent | Active |
Counsel
Party: Ingram, Rebecca Marie
Counsel
Katherine Newton
282050 Hwy 22W
Foothills, Alberta
T0L 1W2
Telephone: (403) 931-4047
FAX: (403) 931-4048
Email: jrath@rathandcompany.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King in Right of the Province of Alberta
Counsel
Nicholas Parker
10th Floor, 102A Tower
10025 – 102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 643-0856
FAX: (780) 643-0852
Email: brooklyn.leclair@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Chief Medical Officer of Health
Counsel
Nicholas Parker
10th Floor, 102A Tower
10025 – 102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 643-0856
FAX: (780) 643-0852
Email: brooklyn.leclair@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure — Pleadings — Motion to strike — Motion to amend — Public health measures — Provincial powers — What is the scope and breadth of the decision in Authorson v. Canada (Attorney General), 2003 SCC 39? — Whether the principles in Authorson apply to legislation that offends an individual’s due process right to the enjoyment of property when such legislation does not identify the persons or class of persons affected, the intention to interfere with or expropriate property, the property, or the means of interfering with or expropriating the property — Whether the term “take whatever other steps are, in the medical officer of health’s opinion, necessary” in s. 29(2.1) of the Public Health Act, R.S.A. 2000, P-37, is a clear and unambiguous intent to interfere with or expropriate property pursuant to the principles outlined in Authorson.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant filed an originating application in the Alberta Court of Queen’s Bench, in which she claimed, amongst other, that ss. 29(2.1)(b) and 66.1 of the Public Health Act, R.S.A. 2000, P-37, offend s. 1(a) of the Alberta Bill of Rights, R.S.A. 2000, c. A-14. The chambers judge struck these claims for disclosing “no reasonable claim” under Rule 3.68 of the Alberta Rules of Court, A.R. 124/2010. The Court of Appeal dismissed the applicant’s appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
2001-14300
Applicant’s claims struck in part
Court of Appeal of Alberta (Calgary)
2022 ABCA 97, 2101-0145AC
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available