The owner of the Whistle Stop Cafe is suing the Alberta government for imposing mandates on businesses during the COVID-19 pandemic.

A class-action lawsuit on behalf of the business was certified by the Alberta Court of King’s Bench on Wednesday.

The lawsuit is open to all businesses in Alberta that were impacted by pandemic closures.

“All individuals who owned, in whole or in part, a business or businesses in Alberta that was subject to full or partial closure, or operational restrictions, mandated by the CMOH (chief medical officer of health) orders between March 17, 2020, and the date of certification,” court documents read.

The province had argued against the certification of the lawsuit, asserting that “Alberta enjoys immunity for various reasons including that the CMOH orders were policy decisions.”

Additionally it said business owners had the right to pursue independent legal action, noting some businesses have already done just that.

The Whistle Stop Cafe in Mirror, Alta., made national news in 2021 when it opened for dine-in service despite orders from Alberta’s chief medical officer of health that prevented it from doing so.

The cafe’s owner, Christopher Scott, was charged with breaching the Public Health Act.

Scott faced a total of 11 charges, nine of which fall under the Public Health Act.

He was acquitted on all charges in 2023.

Lawyer Chad Williamson, left, and Whistle Stop Cafe owner Christopher Scott on Monday, Aug. 28, 2023, outside a Red Deer court following Scott’s acquittal on charges he violated Alberta public health orders related to the COVID pandemic. (Sean McClune/CTV News Edmonton)