There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages, decisions have recently issued in these matters including the following:
In British Columbia
- In its November 29, 2024 decision, the Supreme Court of Canada affirmed the constitutionality of Section 11 of British Columbia's Opioid Damages and Health Care Costs Recovery Act (ORA) as within the Province's authority over "[t]he Administration of Justice in the Province": Sanis Health Inc v British Columbia, 2024 SCC 40.
- The Supreme Court's ruling maintains the decisions of the lower courts (see our recent article) and allows the Government of British Columbia to continue pursuing its proposed "multi-Crown" class action under the ORA seeking to recover healthcare costs related to OUD from various manufacturers and distributors of opioid drugs. The proposed class includes all federal, provincial, and territorial governments of Canada that paid healthcare, pharmaceutical, treatment and other costs related to opioids between 1996 to the present.
In Quebec
- In Pharmascience Inc v Bourassa, 2024 QCCA 1403, the Quebec Court of Appeal denied leave to appeal the authorization of a class action relating to OUD against various pharmaceutical companies. The ongoing class action seeks compensation and punitive damages on behalf of all persons in Quebec who 1) have been diagnosed as suffering or having suffered from OUD, and 2) have been prescribed and have consumed any opioid medication manufactured, marketed, distributed and/or sold by the defendants since 1996.
In Ontario
- The Ontario Superior Court of Justice granted Phase One Certification of a proposed class action against various pharmaceutical companies in Gebien v Apotex Inc, 2023 ONSC 6792, but dismissed the action in respect of distributor defendants, including AmerisourceBergen and the Jean Coutu Group. Phase One Certification means that the proposed class action satisfies the cause of action criterion pursuant to section 5(1)(a) of Ontario's Class Actions Proceedings Act, 1992. The proposed class includes all persons in Canada who were prescribed Opioids manufactured, marketed, or distributed by the Defendants from January 1, 1996 to the present day and who suffer or have suffered from OUD.
In Alberta
- The Alberta Court of Appeal dismissed an appeal of a decision confirming a three-month extension of time for service of a class action Statement of Claim in Bristol-Myers Squibb Canada Co. v Grande Prairie (City), 2023 ABCA 294. The proposed class includes municipalities across Canada and the Statement of Claim names 45 defendants, including various pharmaceutical companies.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
