Christina Spicer  |  July 19, 2021

Category: Civil rights

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COVID-19 travel ban
(Photo credit: JL IMAGES/Shutterstock)

The Supreme Court of Newfoundland and Labrador declined to certify a proposed class action lawsuit brought by seasonal residents who claimed the provinces’ COVID-19 travel ban violated their rights under Canada’s Charter of Rights and Freedoms. 

Justice Boone determined that the proposed class action lawsuit did not meet the requirements for certification.  

Lead plaintiffs, Werner and Sharon Koehler reportedly own property in Bay Roberts, a town located on the shore of Conception Bay on the Avalon Peninsula and shared by both Newfoundland and Labrador. They claimed that, despite promising to follow all public health mandates and agreeing to isolate upon arrival, they and many other seasonal residents who planned on living in the provinces would be denied entry under the COVID-19 travel ban. 

The class action lawsuit took issue with Newfoundland and Labrador’s COVID-19 travel ban, passed as Bill 38. Allegedly, the law effectively covered all people except full-time residents of the provinces, asymptomatic workers, and those with specific exemptions. The plaintiffs accused the provinces of violating their and other proposed Class Members’ rights, with relatives unable to visit sick or dying loved ones, and business owners unable to access their property under the law.  

Newfoundland and Labrador faced significant public outcry and even urging from the Canadian Bar Association to reconsider the sweeping COVID-19 travel ban; however, in a June 29 ruling, Justice Boone found that the proposed class action lawsuit fell short.  

“The Plaintiffs’ application did not demonstrate that they had a viable cause of action,” states the order. “In particular, although the Plaintiffs sufficiently pleaded a violation of their mobility rights, they did not have a viable cause of action for Charter damages because they did not plead that the Government actions were an abuse of power, in bad faith, or with clear disregard for their Charter rights.” 

The COVID-19 travel ban class action lawsuit has not been officially dismissed and Top Class Actions will continue to monitor this story for developments.  

Are you a Canadian affected by Newfoundland and Labrador’s COVID-19 travel ban? Tell us your story in the comment section below! 

The lead plaintiffs and proposed Class Members are represented by Geoff Budden and Bob Buckingham. 

The COVID-19 Travel Ban Class Action Lawsuit is Koehler v. Newfoundland and Labrador, Case No. 2021 NLSC 95 in the Supreme Court of Newfoundland and Labrador, General Division.


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