Alberta’s high court has ruled unanimously that the class-action lawsuit can proceed against government over fees charged to residents in long-term care homes. The society claims the province overcharged some 14,000 seniors more than $128 million over a 2 year period.The organization’s lawyer, Alan Garber said that the Court of Appeal in its ruling, said that this claim should be allowed to proceed is important because governments have only been held to owe fiduciary duties to status Indians and war veterans.

The Alberta Court of Appeal has now opened the door to governments owing fiduciary duties

to a vulnerable class of people–elderly disabled seniors in long-term care, he said.

“This is the first case of its kind in Canadian history. This is a legal precedent for all of Canada,”

Garber said. Adapted from Edmonton Journal December 9/09

December 6, 2009