Plaintiff
Defendant
Case Overview:
The Supreme Court of British Columbia certified a class action lawsuit brought by His Majesty the King in Right of the Province of British Columbia against multiple pharmaceutical manufacturers, wholesalers, and distributors, including Apotex Inc., Bristol-Myers Squibb Canada, Janssen Inc., and Purdue Pharma Inc. The case sought to recover healthcare and treatment costs related to the opioid crisis.
Legal Arguments and Issues:
The plaintiff alleged that the defendants negligently designed opioid products, misrepresented their risks, and failed to warn the public, contributing to widespread opioid addiction and increased healthcare costs. Claims included breach of the Competition Act, unjust enrichment, negligent failure to warn, and fraudulent misrepresentation. The action was brought under the Opioid Damages and Health Care Costs Recovery Act (ORA), which allows governments to seek damages for opioid-related harm.
The defendants argued that they complied with Health Canada regulations, did not engage in misleading marketing, and that differences among their products made class certification inappropriate. Some also challenged the jurisdiction of the British Columbia court.
Court’s Decision and Award:
The court certified the class action, finding sufficient common issues among the claims. It dismissed jurisdictional challenges from several defendants. The total costs and damages sought were in the billions, though no final monetary award was determined at the certification stage. The case was allowed to proceed as a multi-government class action.
Court
Supreme Court of British ColumbiaCase Number
S189395Practice Area
Class actionsAmount
Winner
PlaintiffTrial Start Date
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