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ARTICLE · 04 JULY 2024

The Much Broader Future Of Cost Recovery Litigation In British Columbia

McCarthy Tétrault
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British Columbia presented Bill 12 (the Public Health Accountability and Cost Recovery Act) as a way for it to sue a wide range of companies for costs incurred addressing...

CanadaLitigation, Mediation & Arbitration
Michael Feder
Michael Feder
Deborah Templer
Deborah Templer
Patrick Williams
Patrick Williams
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Update - British Columbia does not enact Bill 12 but still pursues at least one industry-wide lawsuit comparable to a cost recovery claim

British Columbia presented Bill 12 (the Public Health Accountability and Cost Recovery Act) as a way for it to sue a wide range of companies for costs incurred addressing the alleged public health effects of their alleged mass torts. Bill 12 has not been enacted and is likely to die on the order paper in a few months. However, British Columbia has filed one industry-wide lawsuit comparable to a cost recovery claim even without Bill 12 or comparable legislation to support it.

Bill 12 was not enacted before the British Columbia Legislative Assembly ended its scheduled sittings for 2024. With a provincial election set for October and no further legislative sitting days scheduled, Bill 12 will likely die on the order paper. Before the legislature adjourned, the government placed Bill 12 on hold while convening an online safety

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