Appellant
Respondent
Background: The case involved McKinsey & Company, Inc. United States and McKinsey & Company Canada/McKinsey & Compagnie Canada (the appellants) appealing a decision from the Supreme Court of British Columbia. The respondent was His Majesty the King in Right of the Province of British Columbia.
Legal Arguments/Issues: The appellants argued that, as consultants to pharmaceutical companies, they were not in sufficient proximity to owe a duty of care to consumers of opioids and did not make direct misrepresentations. They sought to strike claims alleging they designed and implemented plans promoting the sale and distribution of dangerous opioids. The Province alleged McKinsey was responsible for aggressive marketing campaigns that misrepresented the safety and addictive nature of opioids, leading to widespread harm and over-prescription.
Court's Findings: The court held that the appellants' relationship with the pharmaceutical companies was sufficiently close to potentially give rise to a duty of care and responsibility for misrepresentations. It was determined that it was not plain and obvious at the pleadings stage that the claims could not succeed, and the evidence and findings at trial would determine McKinsey's liability.
Disposition: The appeal was dismissed, upholding the decision to allow the claims to proceed to trial. There were no explicit mentions of the total amount of costs and/or awards in favor of the successful party in the provided excerpts.
Court
Court of Appeals for British ColumbiaCase Number
CA49470Practice Area
Tort lawAmount
Winner
RespondentTrial Start Date
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