Court Dismisses Appeal in Class-Action Lawsuit on Opioid-Related Wrongs

The Supreme Court of Canada has paved the way for British Columbia to involve other government entities in a lawsuit against opioid manufacturers and distributors. B.C. Attorney General Niki Sharma sees this decision as a significant victory in the fight against the opioid crisis, opening up the opportunity for governments across the country to seek damages.

Canada’s top court, in a 6-1 decision, reaffirmed the constitutionality of a law that allows B.C. to initiate a class-action lawsuit on behalf of provinces, territories, and the federal government. This is a crucial step towards a potential national legal action against those responsible for the opioid crisis.

Sharma emphasized the importance of holding opioid makers and distributors accountable for their actions. Federal Mental Health and Addictions Minister Ya’ara Saks also welcomed the ruling as an opportunity to bring pharmaceutical companies to justice. Should the lawsuit be certified, Canada intends to join the legal action.

Section 11 of B.C.’s Opioid Damages and Health Care Costs Recovery Act enables the province to pursue legal action against opioid manufacturers and distributors on behalf of multiple governments, while still allowing individual governments the option to opt-out. Despite challenges from several companies claiming overreach, the Supreme Court upheld the validity of the law.

The majority opinion of the court underscores the importance of national collaboration in tackling crises like the opioid epidemic. Justice Andromache Karakatsanis highlighted the need for cooperation between governments and courts to address issues of national significance. This decision emphasizes the role of national class actions in delivering justice efficiently and consistently, regardless of geographical boundaries.

Sharma expressed confidence in utilizing national class actions as effective tools to hold companies accountable. While the province is eager to proceed to trial, there is an invitation for defendants and governments to engage in discussions collaboratively. The Supreme Court’s decision sets the stage for a united effort to address the ramifications of the opioid crisis across the entire nation.