Opioid class actions to proceed to early 2028 trial after appeal rulings: B.C. Attorney General

By Karunjit Singh ·

Law360 Canada (July 6, 2026, 5:13 PM EDT) -- British Columbia’s opioid class actions against manufacturers, wholesalers, distributors and consultants will proceed to trial in early 2028 after the B.C. Court of Appeal dismissed the final appeals challenging certification, Attorney General Niki Sharma said in a statement issued July 6.

“These decisions are two more wins in a long fight to hold these companies accountable for their part in a crisis that was declared a public-health emergency in 2016, and has devastated families in B.C. and across Canada,” Sharma said in the statement.

In two decisions released on consecutive days, B.C.’s top court upheld the certification of class actions seeking recovery of health-care costs incurred by provinces in responding to the opioid crisis.

The class actions allege that manufacturers, generic manufacturers and distributors engaged in coordinated, industry-wide misconduct by over-promoting opioids for inappropriate uses and by misrepresenting their risks and benefits. The defendants include Johnson & Johnson, Janssen Inc., Apotex Inc., Teva Canada, Bausch Health Companies Inc. and McKesson Canada Corp.

A companion class action also seeks recovery of health-care costs from consulting firm McKinsey & Co. for its alleged role in helping increase opioid sales.

In Noramco LLC v. British Columbia, 2026 BCCA 272, the B.C. Court of Appeal rejected arguments that the province had provided insufficient evidence to support the certification of the class action against opioid manufacturers, wholesalers and distributors.

In McKinsey & Co., Inc. United States v. British Columbia, 2026 BCCA 284, the court also rejected McKinsey’s arguments that there was no basis in fact to certify claims that it had promoted opioids in Canada.

“Too many people in British Columbia have lost loved ones or continue to struggle because of the opioid crisis. That is why our government launched a class-action lawsuit against opioid manufacturers, distributors and their consultants,” Sharma said in the statement.

“We will keep fighting for people in British Columbia and across Canada, because seeking justice for people harmed by this crisis is the right thing to do,” she added.

If you have any information, story ideas or news tips for Law360 Canada on business-related law and litigation, including class actions, please contact Karunjit Singh at karunjit.singh@lexisnexis.ca or 905-415-5859.