Background:
1111 Seymour Residences Ltd. and Michael Wilson brought a proposed class action against the City of Vancouver, Vancouver Coastal Health Authority (VCHA), and Raincity Housing and Support Society. The dispute stemmed from the operation of an overdose prevention site (OPS) at 1101 Seymour Street in Vancouver between 2021 and 2024. Plaintiffs claimed the OPS caused private and public nuisances through loitering, discarded drug paraphernalia, human waste, noise, and criminal activity, which interfered with their property use and public rights.

Legal Issues:
The plaintiffs alleged the defendants mismanaged the OPS, causing nuisances. They sought class action certification under the Class Proceedings Act, arguing the issues of causation, interference, and damages raised common legal questions. The defendants contested the claims, asserting individual trials were necessary to address causation and damages, as factors like homelessness and existing neighborhood conditions contributed to the alleged harms.

Court's Decision:
The Supreme Court of British Columbia dismissed the application for certification. The court found no common issues suitable for class-wide determination due to the varied nature of the alleged nuisance and lack of a clear universal issue. Individual assessments were required to establish causation and damages for each plaintiff. The court did not award costs or damages, as the plaintiffs’ claims were procedural and unresolved on the merits.

Outcome:
No costs or awards were granted in favor of either party. The case was dismissed without certification as a class action.