The Supreme Court of Canada released it’s decision today in Alberta v. Elder Advocates of Alberta Society
A class action was filed on behalf of residents in long-term care facilities in Alberta claiming that the government artificially inflated the accommodation charges to subsidize the cost of medical expenses. They initiated a class action alleging that the Province of Alberta and the the resident’s health care. Under provincial legislation, Alberta is responsible for the cost of medical care required by the residents of nursing homes and auxiliary hospitals.
The class members claimed damages for breach of fiduciary duty, negligence, bad faith and/or unjust enrichment. They also filed a claim under s. 15(1) of the Canadian Charter of Rights and Freedoms.
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