What Is The AHS Class Action About?
Alberta Health Services Class Action
The claims asserted in the Statement of Claim include, but are not limited to, breach of employment contracts; negligence; breach of duty of care; breach of fiduciary duty; breach of duty of good faith; unjust enrichment; and breach of the Employment Standards Code, RSA 2000, c E-9 (“ESC”). These claims assert that AHS knowingly and in bad faith, contrary to the ESC, fails to pay overtime; fails to provide required rest periods; fails to pay for patient handover work; and requires employees to work overly long shifts.
What Is The Class Definition?
The class is defined as “all current and former non-management, non-unionized employees, who are or were a Clinical Assistant (“CA”) and or a Clinical and Surgical Assistant (“CSA”) who worked for, or are working for, Alberta Health Services at any time from August 12, 2013, to present.”
What Should You Do If You Are A Part Of The Action?
If you were a CA or CSA that worked for AHS between August 12, 2013, to present, then you would be a class member. As Alberta is an opt-out province, you will automatically be a class member. If you remain in the class action, any decision or settlement by the Court will bind you, and you will not be able to bring your own separate lawsuit regarding these claims. We ask that you contact us to provide your name and contact details. Further, should you wish not to participate as a class member, you can fill out the Opt-Out Form which you can access below. If you choose to opt out, you will no longer be part of the class action and will not be able to receive any amounts if the matter settles or if the Court makes a decision.
What Is The Latest Update?
On February 17, 2026, the Honourable Justice C.D. Simard heard the Plaintiff’s Application to certify this proceeding as a class action against Alberta Health Services (“AHS”) under Alberta’s Class Proceedings Act, SA 2003, c C-16.5.
On June 11, 2026, the Honourable Justice C.D. Simard issued his Reasons for Decision, which is reported as Salamh v. Alberta Health Services, 2026 ABKB 442. In his Reasons for Decision, he set out why he is granting the Certification Application with respect to 35 of the 38 proposed common issues. Below you can find Justice Simard’s Reasons for Decision dated June 11, 2026.
In accordance with the Reasons for Decision, the parties have 45 days to work together to agree on a Litigation Plan setting out dates for the completion of the remaining litigation steps, but if the parties cannot agree on a Litigation Plan, then they will make an application to the Court seeking direction and for the Court to issue an order with respect to the Litigation Plan. Moreover, Justice Simard has directed that the parties try to agree on the costs of the Application for Certification, but if they are not able to agree on costs, then they are to provide a 5-page written brief within 45 days setting out which party should receive costs, how much, and why.
Frequently Asked Questions
Q: Where can I find Honourable Justice C.D. Simard’s Reasons for Decision?
A: This link will take you to the PDF version of the decision: https://www.canlii.org/en/ab/abkb/doc/2026/2026abkb442/2026abkb442.pdf
Q: What happens if I do nothing?
A: If you do nothing, you will remain a class member. Any decision or settlement will bind you, and you cannot bring a separate lawsuit regarding these claims.
Q: Do I have to pay legal fees?
A: Class counsel typically works on a contingency fee basis, meaning they take fees from any recovery they obtain. You should not need to pay out-of-pocket legal fees. The Court will review and approve the specific fee arrangements before they take effect.
Q: How much compensation could I receive?
A: The outcome of litigation determines the amount of any potential recovery, and that amount is currently unknown. The Court will determine how to distribute any recovery.
Q: How long will this take?
A: Class actions can take several years to resolve. The Court will oversee the process and set timelines for each step.
Q: What does it mean to be a class member?
A: Being a class member means you are part of the group the lawsuit represents. You are entitled to share in any recovery obtained, but you are also bound by any decision or settlement.
Links to Articles About the Class Action
CTV News article “AHS facing class-action lawsuit alleging workplace standards violations since 2013”:
City News article “AHS facing $125M lawsuit from healthcare workers claiming to be overworked and undercompensated”:
https://edmonton.citynews.ca/2024/06/06/ahs-overtime-lawsuit/
Edmonton Journal article “Alberta health-care workers file $125M class action lawsuit against AHS over pay, working conditions”:
https://edmontonjournal.com/news/politics/alberta-health-care-workers-ahs-lawsuit