A proposed class-action lawsuit against an overdose prevention site in Vancouver’s Yaletown, accused of increasing public disorder and crime, has been dismissed by the B.C. Supreme Court.
Justice Anita Chan ruled the lawsuit, filed in June 2023 by Michael Wilson and 111 Seymour Residences against the City of Vancouver, Vancouver Coastal Health, and RainCity Housing, failed to meet the criteria for certification.
The plaintiffs, living near the former Thomas Donaghy overdose prevention site, alleged the defendants ignored issues like loitering, vandalism, and illicit drug activity around the facility. They claimed these problems caused harm, property damage, and financial losses, including diminished property values and rental income.
Chan found the alleged conduct occurred at various times and locations, making it impossible to attribute responsibility to the defendants. She also noted no evidence linked the site’s users to the activities cited by the plaintiffs.
The court rejected the plaintiffs’ definition of the affected class, citing unclear and overly broad boundaries. Chan also raised concerns that individuals involved in the alleged misconduct could be included in the class, creating conflicts of interest.
The site, which operated from March 2021 to April 2023, relocated after public outcry over its impact on the neighborhood.