Case information

Constitutional law — Division of powers — Civil procedure — Class actions — Multi-Crown proceedings — Provincial legislation providing province may bring an action on behalf of a class consisting of governments of Canada and the provinces and territories of Canada — Whether s. 11 of the Opioid Damages and Health Care Costs Recovery Act, S.B.C. 2018, c. 35 is ultra vires the Legislative Assembly of British Columbia and of no force or effect pursuant to s. 52 of the Constitution Act, 1982 — Opioid Damages and Health Care Costs Recovery Act, S.B.C. 2018, c. 35, s. 11<br>

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act (the “ORA”). The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” committed by manufacturers and distributors of opioid drugs.

Section 11 of the ORA applies to proceedings relating to opioid-related wrongs that were ongoing as of the date that it came into force; such proceedings are continued in accordance with the ORA. Section 11(1)(b) states that for the purposes of s. 4 of the Class Proceedings Act, R.S.B.C. 1996, c. 50 (the “CPA”), BC may “bring an action” on behalf of a class consisting of one or more of the governments of Canada and the provinces or territories of Canada (a so-called “multi-Crown” proceeding). Section 11(2) preserves the right of those governments to opt out of the proceeding in accordance with s. 16 of the CPA.

Appellants Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc., and McKesson Canada Corporation (collectively, “Sanis”), are named as defendants in the proposed “multi-Crown” class proceeding which underlies this appeal. The underlying proceeding was commenced before s. 11 of the ORA came into force, and it is the only proceeding to which s. 11 applies.

Sanis sought, by way of summary trial, an order striking s. 11 as ultra vires the Legislative Assembly of British Columbia and therefore of no force or effect pursuant to s. 52 of the Constitution Act, 1982.

The summary trial judge held that the s. 11 was within the legislature’s authority, and dismissed Sanis’ applications for a declaration of constitutional invalidity. A unanimous Court of Appeal held that the summary trial judge did not err in upholding the constitutional validity of s. 11 of the ORA, and dismissed Sanis’ appeal.