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ARTICLE · 28 JANUARY 2025

BC Court Declines To Certify Overdose Prevention Class Action After Finding No Basis In Fact For Causation

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A recent decision from the Supreme Court of British Columbia underscores the Court's cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct.

CanadaLitigation, Mediation & Arbitration
Jackson Spencer
Jackson Spencer
Stephanie Day
Stephanie Day
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A recent decision from the Supreme Court of British Columbia underscores the Court's cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct. In 1111 Seymour Residences Ltd. v. Vancouver (City), 2024 BCSC 2304, the Court dismissed an application to certify a proposed class action for claims in public and private nuisance relating to the operation of an overdose prevention site (OPS) in downtown Vancouver. The Court found that the plaintiffs' class definition was arbitrary, risked conflict between class members and that there was no common causation question.

The plaintiffs' proposed class definition was tied to an area that included properties bordering streets and alleyways one block in all directions from a downtown park. The Court found the geographic boundary to be arbitrary. The alleged disturbances occurred both inside and outside the defined area, so the boundary was not

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