Health authority denies allegations in Vancouver overdose prevention site lawsuit

Vancouver Coastal Health is denying allegations directed at it in a proposed class-action lawsuit that claims it and others engaged in a “ham-fisted operation,” while operating a downtown overdose prevention site.

The health authority oversees the operation of the Thomus Donaghy Overdose Prevention site located at 101-1101 Seymour St.

In June, 2023, a lawsuit was filed by 1111 Seymour Residences Ltd. and Michael Wilson, a plaintiff who lives a few blocks away from the OPS. The defendants are listed as VCH, the City of Vancouver, and RainCity Housing and Support Society. In the lawsuit filed in B.C. Supreme Court, the plaintiffs say they live and do business around Emery Barnes Park in the Downtown South Area – a park that’s across the street from the harm reduction site.

According to the lawsuit, they are bringing this class action forward to recover losses they say they have suffered as the result of the defendants’ operation of the site

Since it opened in March 2021, “the plaintiffs’ use and quiet enjoyment of their homes and properties has been unreasonable and substantially interfered with by the defendants’ ham-fisted operation and oversight of the small, poorly suited OPS space,” the claim says, also alleging that it has become a centre point of crime and public disorder.

VCH’S response

A response to the notice of civil claim was filed Jan. 15 by Vancouver Coastal Health and denies all allegations of fact, including that the operation of the site, “is responsible for the 1100 block of Seymour Street becoming a center point for crime and public disorder.”

“To the extent that the notice of civil claim characterizes the alleged users of the Thomus Donaghy OPS as themselves being the nuisance complained of, this characterization of people who use drugs is repugnant and ought not be sanctioned by the court,” the response reads.

In the initial lawsuit, the plaintiffs claim they are not seeking to challenge the policy imperatives underlying safe injection or overdose prevention sites. Rather, the action is directed at the defendants’ action and inactions in failing to ensure the OPS operates in a manner that does not reasonably interfere with the interests of those who live or own property, or businesses in the neighbourhood.

VCH called this section of the plaintiff’s pleadings “incongruent.” The purpose of the site, it says, is to implement the province’s harm reduction policy in response to the declared opioid overdose public health emergency. “These lifesaving services are specifically intended for this marginalized population and will inevitably result in the congregation of people who use drugs in the vicinity of the Thomus Donaghy OPS.”

VCH added it is not responsible for the fact that people who use drugs, including those who may be housing insecure, live in the area where the OPS and Emery Barnes neighbourhood are located.

“Nor does VCHA have the means, desire or legal authority to control the offsite behaviour of any member of the public, including people who use drugs who may be clients of the Thomus Donaghy OPS.”

The plaintiffs listed a number of public and private nuisances or “impugned conduct,” such as loitering, behaving in a disorderly fashion, and depositing garbage and other debris throughout the neighbourhood. VCH denies that the manner in which the OPS is operated has caused or contributed to those behaviours.

Lease not renewed

RainCity Housing and Support Society and the City of Vancouver have also filed responses to the civil claim, denying the plaintiffs’ allegations.

In RainCity’s response, it says it is not responsible for the fact that there are a growing number of people throughout B.C. experiencing marginalization as a result of poverty, lack of safe affordable housing, and inadequate mental health and addictions services and supports.

The site has been operating since March 2021. According to VCH, the area the OPS is located in consistently had the second-highest number of overdose deaths in the Vancouver Coastal Health Region.

In July, the City of Vancouver decided not to renew its lease which is up at the end of March. 

‘It’s not about the money’

Despite the lease not being renewed, plaintiff Michael Wilson told CTV News he still wants to pursue the proposed class action.

“We’re doing this on principle,” he said. “It’s not about the money.”

The plaintiffs are seeking general and special damages for nuisance. Taxpayers could be fronting part of the bill if the class action is certified. A hearing date for that certification is scheduled for October.