Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1541334
www.lexpert.ca 21 THE SUPREME COURT OF CANADA has upheld British Columbia's legislation enabling a national class action against opioid manufacturers and distributors, clearing the path for multiple govern- ments to pursue collective recovery of healthcare costs. In a 6-1 decision, the court ruled that s. 11 of BC's Opioid Damages and Health Care Costs Recovery Act validly creates a procedural mechanism allowing BC to act as representative plaintiff on behalf of other Canadian governments who choose to participate. The legislation permits federal, provincial, and territorial govern- ments to join the litigation on an opt-out basis, consolidating claims across jurisdic- CLIENTS > FIRMS > LAWYERS tions while maintaining each government's substantive legal rights under its laws. Pharmaceutical companies challenged the provision as unconstitutional, arguing it impermissibly extended BC's legislative authority beyond its territorial boundaries. However, the majority found the provision falls within BC's constitutional authority over administration of justice and main- tains a meaningful connection to the prov- ince through the voluntary participation of other governments. "Today marks a significant victory in our fight against the opioid manufacturers and distributors as BC can now proceed on behalf of the federal, provincial, and territorial governments to recover the cost of treating SANIS HEALTH INC. V. BRITISH COLUMBIA, 2024 SCC 40 • Sanis Health Inc. and Shoppers Drug Mart Inc. > Osler, Hoskin & Harcourt LLP > W. David Rankin and Ankita Gupta • Sandoz Canada Inc. > Fasken Martineau DuMoulin LLP > Peter J. Pliszka, Andrew Borrell, and Tom Posyniak • McKesson Canada Corporation > Davies Ward Phillips & Vineberg LLP > Sandra A. Forbes and Chanakya A. Sethi • His Majesty The King in Right of the Province of British Columbia > CFM Lawyers LLP, Attorney General of British Columbia > Reidar M. Mogerman, K.C., Katie I. Duke, and Emily Lapper • Attorney General of Canada > Department of Justice Canada, National Litigation Sector > Christine Mohr and Michelle Kellam • Attorney General of Ontario > Attorney General of Ontario, Constitutional Law Branch > Ryan Cookson and S. Zachary Green • Attorney General of Quebec > Bernard, Roy (Justice-Québec), Direction du contentieux de Montréal, Direction générale du contentieux du Procureur général du Québec, Sous- ministériat des affaires juridiques, Montréal; Ministère de la Justice du Québec, Direction du droit constitutionnel et autochtone, Québec > Pierre-Luc Beauchesne, Marie-Catherine Bolduc, and Laurie Anctil • Attorney General of Nova Scotia > Attorney General of Nova Scotia, Legal Services > Agnes MacNeil, K.C. and Edward A. Gores, K.C. • Attorney General of New Brunswick > Attorney General of New Brunswick, Legal Services, Constitutional Group > Véronique R. Guitard and Rose Campbell (written submissions only) • Attorney General of Manitoba > Manitoba Justice, Legal Services Branch > Michael Bodner • Attorney General of Prince Edward Island > Department of Justice and Public Safety > Caroline Davison and Michael Fleischmann (written submissions only) • Attorney General of Saskatchewan > Government of Saskatchewan > Noah Wernikowski and Justin Stevenson • Attorney General of Alberta > Alberta Justice, Constitutional and Aboriginal Law > Brooklyn LeClair • Attorney General of the Northwest Territories > Government of the Northwest Territories, Legal Division > Mark Ishack and Thomas Wallwork (written submissions only) • Attorney General of the Yukon Territory > Department of Justice, Legal Services Branch > I.H. Fraser (written submissions only) • Groupe Jean Coutu (PJC) Inc. and Pro Doc Ltd. > Miller Thomson LLP > Roger J.F. Lepage and Fadi Amine opioid-related disease allegedly caused by the industry's wrongful conduct following the Supreme Court of Canada ruling," said BC Attorney General Niki Sharma when the judgment was released. "We are holding multinational pharmaceutical companies accountable for their role in the public health emergency declared in 2016 that has taken the lives of countless people and impacted many families. Our government will continue this fight on behalf of its citizens and all people of Canada until a final resolution is reached and encourage the defendants to consider their role in the ongoing opioid crisis and to work collaboratively with the government of BC to make amends." The decision represents significant precedent for multi-jurisdictional class actions addressing national crises. Nearly all Canadian provinces and territories have enacted similar opioid recovery legislation and indicated their intention to participate in the BC proceeding.