B.C. Court Rejects COVID-19 Class Action Citing “Abuse of Process”

A B.C. Supreme Court justice has dismissed a proposed class-action lawsuit challenging provincial COVID-19 health orders, calling it riddled with “self-inflicted problems.”

Justice David Crerar’s written ruling, released Monday, followed 30 days of hearings and submissions that began in 2022. The case was brought forward by a group of 171 individuals under the Canadian Society for the Advancement of Science in Public Policy. They sought to represent all adults in British Columbia who, they claimed, had their rights violated by pandemic-related orders issued by Provincial Health Officer Dr. Bonnie Henry.

The group alleged that the province’s use of emergency powers lacked scientific and legal justification and led to “catastrophic consequences.” Their proposed class action argued that these measures breached several Charter rights and could have resulted in millions of individual trials and large taxpayer-funded payouts.

However, Justice Crerar ruled that the case could not proceed as a class action, describing it as an “abuse of process.” He said the plaintiffs were attempting an “end run” around prior judicial reviews, many of which had already been dismissed.

“Despite judicial warnings, and despite eight versions of its claim, the plaintiff persists with pleadings that are replete with vexatious argument and other violations of pleadings rules,” Crerar wrote in his decision.

The judge found the case failed to meet the five conditions required for certification, including the need for a representative plaintiff who could “fairly and adequately represent” the proposed class. The broad range of grievances—from delayed vaccinations to vaccine opposition—further undermined the lawsuit’s coherence.

While dismissing the case, Crerar noted it was still conceivable that a more focused and properly structured legal challenge could address specific issues with provincial pandemic orders. “The present claim is not the one,” he concluded.