In a recent decision by a B.C. Supreme Court judge, a class-action lawsuit aiming to represent all adults in the province who allegedly had their rights violated by provincial orders during the COVID-19 pandemic has been dismissed due to numerous internal issues.
The ruling issued by Justice David Crerar after 30 days of hearings and evidentiary submissions, covering extensive documentation dating back to 2022, concluded that the lawsuit filed by 171 individuals under the Canadian Society for the Advancement of Science in Public Policy could not proceed. The group sought damages for what they claimed were unjust COVID-19-related orders issued by Provincial Health Officer Dr. Bonnie Henry and the province, asserting that these orders had severe consequences for adults in B.C. by infringing on various rights guaranteed under the Charter of Rights and Freedoms.
Had the lawsuit succeeded, it could have led to millions of individual trials for the province’s approximately four million adults, potentially resulting in substantial lump sum payments funded by taxpayers. However, Justice Crerar’s decision was not based on the merits of the allegations but rather on the practicality of pursuing the case as a class action.
Crerar concluded that the lawsuit was an abuse of process, attempting to circumvent existing judicial reviews of the orders and failing to meet the necessary conditions for certification. He highlighted persistent issues with the pleadings and ruled that the claim did not have a suitable representative plaintiff to adequately represent the class’s interests.
The court proceedings revealed a wide range of grievances, from individuals dissatisfied with delays in vaccination access to those opposed to vaccination entirely. While acknowledging the potential for a more focused legal challenge to the provincial health orders, Justice Crerar deemed the current claim inadequate for such purposes.