Adult Guardianship Class Action

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.

Court Documents
November 25, 2022
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  • Adult Guardianship Act Class Action

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Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“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...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“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...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“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”

Merlo v. R, 2017 FC 533 at para. 34

“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.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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