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B.C. Court of Appeal Rejects Mink Farmers’ Damages Claims Over COVID-19 Ban

The decision affirms that the province acted on legitimate public health grounds, shielding officials from liability.

Overview

  • The Court of Appeal unanimously ruled mink farmers lacked a reasonable prospect of success in challenging the pandemic-era ban.
  • Farmers had sought damages from the provincial government, health officer Dr. Bonnie Henry and the chief veterinarian of B.C.
  • The 2021 regulation prohibited mink farming to mitigate risks of SARS-CoV-2 transmission from fur farms.
  • Justice David Harris deemed it “misconceived” to name individual health officials as defendants.
  • The court acknowledged the farmers’ financial losses and refused to decide on the merits of their claims that the ban amounted to arbitrary government action.