Sanis Health Inc. v. British Columbia
Sanis Health Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Shoppers Drug Mart Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Sandoz Canada Inc.
McKesson Canada Corporation
His Majesty The King in Right of the Province of British Columbia

- Parties: The appellants were Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc., and McKesson Canada Corporation. The respondent was His Majesty The King in Right of the Province of British Columbia. 

- Subject Matter: The appellants were pharmaceutical companies that manufactured, marketed, and distributed opioid products throughout Canada. They challenged s. 11 of B.C.’s Opioid Damages and Health Care Costs Recovery Act, 2018, which authorized the provincial government to bring an action on behalf of a class consisting of other provincial, territorial, and federal governments in Canada to recover their respective health care costs caused by opioid-related wrongs. They alleged that the provision did not respect the territorial limits on provincial legislative competence. 

- Ruling: The court ruled in the respondent’s favour and dismissed the appeal. The court held that s. 11 of the ORA – the procedural mechanism through which a single proceeding before B.C.’s courts could determine consenting foreign Crowns’ claims, with the B.C. government acting as representative plaintiff – was intra vires the province. This mechanism had a meaningful connection to the province, fell within its authority over the “Administration of Justice in the Province” under s. 92(14) of the Constitution Act, 1867, and respected the legislative sovereignty of other governments. The court found it unnecessary to consider the ancillary powers doctrine. 

- Date: The court released its decision on Nov. 29, 2024. 

- Venue: This was a case before the Supreme Court of Canada. 

- Amount: The court awarded costs in an unspecified amount. 

Supreme Court of Canada
40864
Constitutional law
$ 0
Respondent
22 August 2023