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Alberta seniors can sue province over nursing home costs: Supreme Court

OTTAWA – The Supreme Court of Canada has given a partial legal victory to a group of seniors who want to file a class-action suit against the Alberta government.

The suit involves claims of overcharging in nursing homes.

In the 9-0 decision, the justices say the class-action suit cannot include claims of breach of fiduciary duty, bad faith or negligence.

However, the court says the suit can proceed on other grounds, including a claim of unjust enrichment.

The province doesn’t run any long-term care facilities itself, but does set a maximum rate which nursing homes can charge for food and accommodation.

The seniors say the government artificially inflated the accommodation charges to subsidize the cost of medical expenses.

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