Docken & Company News

Lawsuit against Alberta Government Certified as Class Action

(2/27/2009) The law suit which has been filed in the Court of Queen's Bench of Alberta on behalf of children who were in the Alberta Child Welfare system has been certified to proceed as a Class Action. The decision of Mr. Justice D.R. Thomas was released on February 19, 2008.

The law suit applies to all children in Alberta who were injured by a tort by a third party, who were between July 1, 1966 and February 19, 2008, in the actual care of Child Welfare as a Permanent Ward, under a Permanent or Temporary Guardianship Order or under a Permanent Guardianship Agreement.

The class action law suit will basically determine if children who suffered a tort between July 1, 1966 and February 19, 2008 are entitled to any compensation from the Government due to the failure of the Government to apply for compensation for the children at the time that they were injured. The children are suing the Government because they allege the Government ought to have protected the children�s legal rights by suing for the children when the children were injured in accidents such as car accidents and for applying for compensation from the crimes compensation board when the children were injured as a result of criminal actions such as assaults and sexual assaults.

The purpose of the class action law suit is to ensure that all of the innocent children who were injured prior to the Government�s implementation of the new policy also receive the compensation that they ought to have received.