K.S. v. British Columbia (Ministry of Children and Family Development)
This class action alleges that the BC Government, the BC Public Guardian and Trustee, and the BC Worker’s Compensation Board deprived children under the guardianship of the Province of certain benefits and compensation that the children were entitled to receive.
Our firm initially assumed conduct of this class proceeding through a contested “carriage” hearing with another national class action litigation firm, with the BC Supreme Court and BC Court of Appeal ultimately confirming that the interests of the class would be best served by appointing Avize Law Group (then known as Acheson Sweeney Foley Sahota LLP) as class counsel.
The reasons for this preliminary decision can be found below:
- Initial Decision: Strohmaier v British Columbia (Attorney General) (CanLII)
- Appellate Decision: Strohmaier v K.S. (CanLII)
Similar class actions have been certified in Ontario, Saskatchewan, and Alberta.
This case was originally certified as a class action by the Supreme Court of British Columbia in September 2021. That Order was overturned by the Court of Appeal in September 2022. Certification was refused at a second hearing in the Supreme Court, and the matter is again before the Court of Appeal.
Updates will be provided as the matter proceeds in the Court of Appeal.