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FORM 1 (RULES 3-1-(1))
No.
Vancouver Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN
GREGORY SWORD AS PERSONAL REPRESENTATIVE FOR
KAMILAH SWORD, DECEASED and AMELIE NORTH, BY
HER LITIGATION GUARDIAN, DENISE FENSKE
PLAINTIFFS
AND
HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF
BRITISH COLUMBIA (MINISTRY OF HEALTH), HIS
MAJESTY THE KING OF RIGHT IN CANADA (HEALTH
CANADA), VANCOUVER COASTAL HEALTH AUTHORITY,
VANCOUVER ISLAND HEALTH AUTHORITY, PHS
COMMUNITY SERVICES SOCIETY, AVI HEALTH AND
COMMUNITY SERVICES SOCIETY, ABC SOCIETY 1 – 10
and JOHN DOE 1-20
DEFENDANTS
NOTICE OF CIVIL CLAIM
This action has been started by the plaintiffs for the relief set out in Part 2 below.
If you intend to respond to this action, you or your lawyer must
(a) file a response to civil claim in Form 2 in the above-named registry of this court
within the time for response to civil claim described below, and
(b) serve a copy of the filed response to civil claim on the plaintiff.
If you intend to make a counterclaim, you or your lawyer must
(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the
above-named registry of this court within the time for response to civil claim
described below, and
(b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff
and on any new parties named in the counterclaim.
JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to
civil claim within the time for response to civil claim described below.
15-Aug-24
Vancouver
Court File No. VLC-S-S-245613
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Time for response to civil claim
A response to civil claim must be filed and served on the plaintiffs,
(a) if you were served with the notice of civil claim anywhere in Canada, within 21
days after that service,
(b) if you were served with the notice of civil claim anywhere in the United States of
America, within 35 days after that service,
(c) if you were served with the notice of civil claim anywhere else, within 49 days
after that service, or
(d) if the time for response to notice of civil claim has been set by order of the court,
within that time.
CLAIM OF THE PLAINTIFFS
Part 1:STATEMENT OF FACTS
1. The Plaintiff, Amelie North (“Amelie”), is an individual who resides in Coquitlam, British
Columbia. She is represented by her litigation representative, Denise Fenske.
2. The Plaintiff, Kamilah Sword (“Kamilah”), was an individual who resided in Port Coquitlam,
British Columbia. At all material times, Gregory Sword (“Greg”) was Kamilah’s father. The
Plaintiffs propose Greg as the litigation representative for Kamilah.
3. The Defendant, His Majesty the King in Right of the Province of British Columbia (Ministry
of Health) (the "Province") is named a defendant pursuant to sections 2(c) and 7 of the Crown
Proceeding Act, RSBC 1996, c 89. The Province is responsible for the implementation,
coordination, decision making and performance of the Safe/Safer Supply Program, as that term
is defined below, British Columbia's publicly funded prescription medication program and for
health care generally of residents in British Columbia.
4. The Defendant, His Majesty the King of Right in Canada (Health Canada) (“Canada”) shared
responsibility with the Province for the implementation, coordination, decision making and
performance of the Safe/Safer Supply Program, British Columbia's publicly funded
prescription medication program and for health care generally in British Columbia.
5. The Defendant, AVI Health and Community Services Society, is a British Columbia society
registered pursuant to the Societies Act, RSBC 1996, c 433.
6. The Defendant, PHS Community Services Society, is a British Columbia society registered
pursuant to the Societies Act.
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7. ABC Society 1 – 10 is a British Columbia corporation or society, the identity for which is
currently unknown to the Plaintiffs. Hereinafter, ABC Society 1 – 10 is referred to in the
singular as ABC Society.
8. AVI Health and Community Services Society, PHS Community Services Society and ABC
Society (collectively the “Clinics”) are clinics that prescribed Safe Supply Drugs, as that term
is below defined. Those Clinics are also community health facilities, as defined in the 2018
Exemption, defined below.
9. The Defendant, Vancouver Coastal Health Authority, is a regional health authority incorporated
pursuant to the Health Authorities Act, RSBC 1996, c 180 and the Regional Health Boards
Regulation, BC Reg 293/2001.
10. The Defendant, Vancouver Island Health Authority, is a regional health authority incorporated
pursuant to the Health Authorities Act, RSBC 1996, c 180 and the Regional Health Boards
Regulation, BC Reg 293/2001.
11. Vancouver Coastal Health Authority and Vancouver Island Health Authority are hereinafter
referred to as the “Health Authorities”.
12. The Clinics operated under the direction and control of the Health Authorities. The Health
Authorities are vicariously liable for the acts of the Clinics and the medical professionals
operating in the Clinics, including nurses, as herein described. The Plaintiffs rely upon sections
92(3) of the Public Health Act and 14 of the Health Authorities Act.
13. At all material times, nurses and other employees operating within the Clinics were acting in
their capacities as agents, contractors, employees or representatives of the Clinics. The Clinics
are vicariously liable for the acts of their nurses and other employees, and the Plaintiffs rely
upon sections 92(3) of the Public Health Act and 14 of the Health Authorities Act.
14. The Defendants, Dr. John Doe 1 – 20 (hereinafter referred to in the singular as “Dr. John
Doe”), were health practitioners licenced to practice medicine as medical doctors in the
Province of British Columbia. At all material times, Dr. John Doe was a prescribing physician
with the Clinics.
15. At all material times, Dr. John Doe was acting in their capacity as agents, contractors,
employees or representatives of the Clinics or agents, contractors or representatives of the
Health Authorities. The Clinics and Health Authorities are vicariously liable for the acts of Dr.
John Doe as hereinafter alleged.