Class Action for those detained under the Adult Guardianship Act Emergency Provisions
On November 25, 2022, Klein Lawyers filed a class action on behalf of individuals who were illegally detained under the Adult Guardianship Act emergency assistance provisions. The lawsuit alleges that certain agencies in British Columbia have been illegally detaining individuals. These detentions are a violation of the rights of the individuals and go against the purpose of the Act, which is to protect the well-being of adults who are unable to make decisions for themselves.
The claim is against seven defendants: Fraser Health Authority, Interior Health Authority, Northern Health Authority, Vancouver Coastal Health Authority, Vancouver Island Health Authority, Providence Health Care Society and Community Living British Columbia.
The Adult Guardianship Act expressly requires that these agencies “must involve the adult, to the greatest extent possible” in decisions about the support and assistance it believes the adult requires. The Act prioritizes self-determination and autonomy for adults with disabilities and imposes involuntary measures only as a last resort, in a manner that is as minimally intrusive as possible, and by court order.
Despite the limited nature of the agencies’ emergency powers, several of them detain individuals without capable individuals’ consents and without promptly seeking court orders authorizing the detentions. The class action seeks to hold these agencies accountable for their actions and to provide compensation to those who were illegally detained. The lawsuit is an important step in ensuring that the provisions of the Adult Guardianship Act are being followed and that the rights of individuals are being protected. The lawsuit has the potential to set a precedent and help prevent future illegal detentions from occurring.
The class action is open to individuals who have been affected by the illegal detentions and who meet the eligibility criteria. Claimants are encouraged to come forward and join the lawsuit to help hold the responsible agencies accountable and to ensure that their rights are protected. With the strength in numbers, the class action provides an opportunity for the affected individuals to seek justice and to make their voices heard.
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”