B.C. Lawsuit Against Opioid Providers for Health-care Costs on Behalf of Other Governments

Canada’s top court has made a significant ruling allowing British Columbia to move forward with a class-action lawsuit against pharmaceutical providers for the harm caused by opioids on behalf of other provinces, territories, and the federal government. This decision comes after a prolonged legal battle involving manufacturers, distributors, and retailers such as Shoppers Drug Mart.

The Supreme Court of Canada dismissed the companies’ appeal, affirming B.C.’s right to take legal action under the provincial Opioid Damages and Health Care Costs Recovery Act. This act enables B.C. to file a class-action lawsuit against opioid providers on behalf of any province, territory, or the federal government that incurred costs treating patients who used these drugs.

The court’s decision highlights the importance of cooperation and comity across jurisdictions, particularly in cases where products, individuals, and issues cross territorial boundaries. It emphasizes the need for efficiency, consistency, and access to justice for all those affected by the opioid crisis, regardless of geographic location.

Various government officials, including B.C.’s Premier and Attorney General, have expressed their satisfaction with the ruling and their commitment to holding opioid manufacturers accountable for their role in perpetuating the crisis. The federal government has also indicated its intent to join the class action once it is certified.

The legal dispute is reminiscent of earlier legislation targeting the tobacco industry, which the Supreme Court of Canada deemed constitutionally sound in 2005. B.C.’s case against pharmaceutical companies alleges that misleading marketing practices contributed to the opioid epidemic, leading to addiction, illness, and death across the country.

While the companies involved have expressed disappointment with the court’s decision, emphasizing jurisdictional concerns rather than addressing the merits of the case, the ruling paves the way for a potentially watershed moment in holding opioid providers accountable for their actions. Former Vancouver mayor Kennedy Stewart, who has personal experience with the devastating impact of the opioid crisis, hopes that any funds recovered from successful legal action can be channeled back into addressing these urgent public health challenges.