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ARTICLE · 26 JULY 2021

B.C. Court Of Appeal Provides Its First Pronouncement On Sequencing Issues

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The B.C. Court of Appeal's decision in British Columbia v The Jean Coutu Group (PJC) Inc., 2021 BCCA 219, is the first time the B.C. Court of Appeal has weighed in on class action sequencing issues.

CanadaLitigation, Mediation & Arbitration
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
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The B.C. Court of Appeal's decision in British Columbia v The Jean Coutu Group (PJC) Inc., 2021 BCCA 219, is the first time the B.C. Court of Appeal has weighed in on class action sequencing issues. The core issue on appeal was whether the motion judge erred by making a sequencing order that required 2 of 48 defendants to participate in long, complex and expensive proceedings that could continue for years before their challenge to the Court's jurisdiction over them would be heard.

Background

The Province of British Columbia commenced a class proceeding on behalf of itself and all federal, provincial and territorial governments and agencies, seeking to recover opioid-related healthcare costs from 48 defendants involved in the manufacturing, marketing, distribution or sale of opioid drugs and products in Canada.

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