SAKAMOTO v ATTORNEY GENERAL OF CANADA, 2026 ABKB 676

The Plaintiff applied to certify a proposed Class Action against Canada and Alberta arising from alleged injuries caused by COVID-19 vaccines. The causes of action included negligent misrepresentation, negligence, conspiracy to commit assault and battery, misfeasance in public office and breach of fiduciary duty. The Court dismissed the certification Application because the pleadings did not disclose a viable cause of action and therefore failed to satisfy Section 5(1)(a) of the Class Proceedings Act, SA 2003, c C-16.5.

Rule 13.7 required serious allegations of intentional wrongdoing to be pleaded with a high level of detail. The Court outlined that Rule 13.7 required a high level of particularity for serious allegations of intentional wrongdoing. Justice Dilts applied the Rule to the conspiracy claim, which alleged that Canada and Alberta coordinated vaccine messaging and coercive measures to cause injury. The Plaintiff did not identify the alleged conspirators or plead material facts showing an agreement, its purpose, the acts taken to advance it, or whether those acts were lawful or unlawful. The Court found that the conspiracy claim, which alleged intentional conduct intended to cause harm, lacked sufficient particulars to support a claim of conspiracy to commit assault and battery.