B.C. judge won't certify class action lawsuit against Dr. Bonnie Henry

A B.C. Supreme Court judge has refused to certify a class-action lawsuit against Dr. Bonnie Henry concerning restrictions implemented during the COVID-19 pandemic. Justice David Crerar ruled the lawsuit an abuse of process, citing numerous issues including its complexity, the plaintiff’s repeated claim reformulations, and overlap with previous unsuccessful judicial reviews. The lawsuit, filed by the Canadian Society for the Advancement of Science in Public Policy, alleged breaches of Charter rights related to life, liberty, security, and equality.

Crerar stated the court’s decision at this stage does not assess the validity of the claim itself, but rather whether it could proceed as a class action. He highlighted the immense scale of the proposed lawsuit – potentially encompassing all four million adults in B.C. – and the likelihood of numerous individual sub-trials and substantial damages, ultimately funded by taxpayers.

The judge also criticized the plaintiff’s pleadings as containing “vexatious argument” and noted that many of the claims had already been dismissed in other lawsuits. While acknowledging the lawyer’s skill, Crerar concluded the claim “collapsed under its own weight and ambition,” and suggested a more focused class action might be viable in the future, but this particular claim was not it.

(Source：Vancouver Sun)