When Governments Write The Rules To Sue

 

A province suing over opioids is one thing. A province passing a statute that makes it easier for itself to sue, then launching a sweeping class action on that foundation, is something else entirely. We walk through British Columbia’s opioid litigation strategy, the allegations about marketing and addiction risk, and how the Opioid Damages and Health Care Cost Recovery Act reshapes the usual civil rules around limitation periods, damages, and liability. If you’ve ever wondered what “government cost recovery” really looks like in court, this is the clearest real-time example.

We also unpack the Court of Appeal’s decision on class action certification, because that early procedural stage often decides the real leverage in mass litigation. We talk about what certification is actually meant to test, why appellate courts don’t treat appeals as a second kick at the can, and what it means when dozens of lawyers show up to fight over whether a case can proceed as a class action at all. Along the way, we flag a practical concern that’s easy to miss: cross-border enforceability and why a judgment that looks unfair can trigger resistance in other jurisdictions.

Then we switch gears to a BC civil forfeiture case involving a 2015 Dodge Challenger and allegations of dangerous driving. The fight isn’t just about speeding facts; it’s about whether the province can sell property before trial to avoid storage costs, and what “instrument of unlawful activity” means when no criminal conviction is required. If civil forfeiture, due process, and proportionality have ever seemed abstract, this one makes it concrete. Subscribe, share the episode with a friend, and leave a review telling us which issue matters more to you: opioid accountability or civil forfeiture powers.

 

Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.