A judge in British Columbia has rejected a class-action lawsuit seeking to represent all adults in the province who allegedly had their rights violated by provincial orders during the COVID-19 pandemic. Justice David Crerar’s ruling, issued after 30 days of hearings and extensive evidence dating back to 2022, stated that the lawsuit faced numerous internal issues and could not move forward.
The lawsuit, brought by 171 individuals under the Canadian Society for the Advancement of Science in Public Policy, aimed to seek damages for what they claimed were unjustified COVID-19-related orders issued by Provincial Health Officer Dr. Bonnie Henry and the province. The group argued that these measures had severe consequences for adults in the province, violating rights protected under the Charter of Rights and Freedoms.
If successful, the lawsuit could have led to millions of trials involving British Columbia’s estimated four million adults, resulting in significant lump sum payments funded by taxpayers. However, Justice Crerar emphasized that his decision did not assess the merits of the allegations but rather focused on whether the lawsuit was suitable to proceed as a class action.
Crerar concluded that the lawsuit failed to meet the necessary criteria for certification, citing issues such as the persistence of vexatious arguments and violations of pleading rules. He also highlighted that the claim did not have a representative plaintiff capable of adequately representing the class’s interests.
The court’s ruling underscored the diverse range of claims presented during the hearings, from individuals dissatisfied with vaccine access to those opposed to vaccination entirely. While acknowledging the potential for a more targeted legal challenge against provincial COVID-19 health orders, Justice Crerar determined that the current lawsuit was not the appropriate avenue for such action.