CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues - Definition of class

Law360 Canada ( August 27, 2026, 9:40 AM EDT) -- Appeals by appellants from an order certifying the province of British Columbia’s (Province) proposed class action brought on behalf of Canadian governments against pharmaceutical manufacturers, wholesalers, distributors, and related companies. The Province sought to recover the health care costs governments incurred in response to the harms allegedly caused by the overprescription of opioid medications. The Province claimed the defendants engaged in a range of wrongful conduct by promoting opioid medications for conditions for which they were not suitable, including principally the treatment of chronic pain. The Province further alleged the defendants acted in an industry-wide, systemic, and coordinated fashion which caused or contributed to the opioid crisis and burdened provincial and territorial health care systems with substantial costs. The judge certified common issues related to opioid-related disease, the defendants and their opioid products, opioid misrepresentations, the defendants’ knowledge, common design, unjust enrichment, breach of the Competition Act, claims under the Opioid Damages and Health Care Costs Recovery Act, breach of the Food and Drugs Act, negligent failure to warn, negligent misrepresentation, fraudulent misrepresentation, negligent design, and claims under the Opioid Damages and Health Care Costs Recovery Act. The appellants argued the judge erred in finding there was some basis in fact to establish commonality and erred in concluding a class proceeding was the preferable procedure. They further argued the judge failed to identify and apply the correct test for the certification of common issues. LPG Inventory Solutions (LPG) also challenged the judge’s dismissal of its jurisdictional objections, arguing the Court lacked subject matter jurisdiction and that British Columbia was forum non conveniens....
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