British Columbia v Apotex Inc.
His Majesty the King in Right of the Province of British Columbia
Apotex Inc.
Law Firm / Organization
Goodmans LLP
Apotex Pharmaceutical Holdings, Inc.
Law Firm / Organization
Goodmans LLP
Bristol-Myers Squibb Canada
Law Firm / Organization
DLA Piper (Canada) LLP
Bristol-Myers Squibb Company
Law Firm / Organization
DLA Piper (Canada) LLP
Paladin Labs
Law Firm / Organization
Unrepresented
Endo Pharmaceuticals Inc.
Law Firm / Organization
Unrepresented
Endo International PLC
Law Firm / Organization
Unrepresented
Endo Ventures Ltd.
Law Firm / Organization
Unrepresented
Ethypharm Inc.
Law Firm / Organization
Olthuis Van Ert
Pro Doc Limitee
Law Firm / Organization
Miller Thomson LLP
The Jean Coutu Group (PJC) Inc.
Mylan Pharmaceuticals ULC
Law Firm / Organization
Unrepresented
Purdue Pharma Inc.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Lesley Mercer

Purdue Pharma L.P.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Lesley Mercer

The Purdue Frederick Company Inc.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Lesley Mercer

Purdue Frederick Inc.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Lesley Mercer

Ranbaxy Pharmaceuticals Canada Inc.
Sun Pharmaceutical Industries Ltd.
Hikma Labs Inc.
Law Firm / Organization
Unrepresented
Hikma Pharmaceuticals PLC
Law Firm / Organization
Unrepresented
Roxane Laboratories Inc.
Law Firm / Organization
Unrepresented
Boehringer Ingelheim (Canada) Ltd. / Boehringer Ingelheim (Canada) LTEE.
Law Firm / Organization
Unrepresented
West-Ward Columbus Inc.
Law Firm / Organization
Unrepresented
Sanis Health Inc.
Sandoz Canada Inc.
Teva Canada Innovation G.P.-S.E.N.C.
Teva Pharmaceutical Industries Ltd.
Valeant Canada LP / Valeant Canada S.E.C.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Danny Urquhart

Law Firm / Organization
DuMoulin Boskovich LLP
Lawyer(s)

Bruce Gordon

Bausch Health Companies Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Danny Urquhart

Law Firm / Organization
DuMoulin Boskovich LLP
Lawyer(s)

Bruce Gordon

Imperial Distributors Canada Inc.
Law Firm / Organization
Unrepresented
AmerisourceBergen Canada Corporation
Law Firm / Organization
Blaney McMurtry LLP
Kohl & Frisch Limited
Law Firm / Organization
Blaney McMurtry LLP
Kohl & Frisch Distribution Inc.,
Law Firm / Organization
Blaney McMurtry LLP
McKesson Corporation
Law Firm / Organization
Not Specified
Lawyer(s)

M. Churilov

McKesson Canada Corporation
Law Firm / Organization
Not Specified
Lawyer(s)

M. Churilov

Nu-Quest Distribution Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

K.S. Morgan

United Pharmacists Manitoba Inc.
Law Firm / Organization
Blaney McMurtry LLP
Procurity Inc.
Law Firm / Organization
Blaney McMurtry LLP
Procurity Pharmacy Services Inc.
Law Firm / Organization
Blaney McMurtry LLP
Shoppers Drug Mart Inc.
unipharm Wholesale Drugs Ltd.
Law Firm / Organization
Blaney McMurtry LLP
LPG Inventory Solutions

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.

Supreme Court of British Columbia
S189395
Class actions
Plaintiff