Judicial Case Management Conference

A judicial case management conference was held on March 23^rd, 2026 before the Honourable Justice Stephens of the Supreme Court of BC.

The conference was a procedural hearing attended by Counsel for the Class members and counsel for PHSA (the hospital where the fake nurse worked) to discuss various procedural steps, and the overall progression of the action. The action remains at the post-certification stage. In simple terms that means that the key issue of whether PHSA is or is not liable for the actions of the fake nurse is suitable for being answered in a class action (one trial) but it does not yet mean that the answer to that question is decided as yes or no.

At the conference, the Court and the parties set a timetable for the next steps in the litigation and provided direction regarding the exchange of evidence and other steps. The next steps are as follows:

1. Examinations for Discoveries of Key Parties in the Action (not class members) will be scheduled for this year. 
2. A potential mediation to mediate the class action is expected to occur in mid 2027.
3. A Common Issues Trial (was the Defendant negligent and are they liable) will be scheduled in mid to late 2028 if the mediation is unsuccessful. The exact date will be determined with the Courts once the registry opens up dates in mid to late 2028 to reserve.

At this time, no action is required from the class members. We will continue to advance the case and will provide further updates as significant developments occur.

We appreciate your continued patience as the litigation progresses.

Certification

The class action was certified on July 25, 2023.
Reasons for Judgment on Certification Application here: Massie v. Provincial Health Services Authority, 2023 BCSC 1275.

The Notice of Civil Claim, initiating this proposed class action, was filed in the Supreme Court of British Columbia on December 16, 2021.

Short Form Notice

Long Form Notice

Please continue to check back here for updates.

Murphy Battista LLP is co-counsel with Slater Vecchio LLP on a class action against Provincial Health Services Authority (“PHSA”) concerning an unlicensed and unqualified nurse, Brigitte Cleroux (“Cleroux”), who worked at B.C. Women’s Hospital and Health Centre (“BCWH”) from June 2020 to June 2021 and who provided unlawful and illegal nursing services to patients during this period.

This action was recently certified on the issue of willful violation of privacy, but the Court held that any actions for damages arising from negligence, battery, or physical and/or psychological injury must be pursued individually by affected persons.

There is a two-year time limit to file these claims from the date the person became aware that they could make a claim.   This will vary for each person.  For most people, it will be the day they received the letter from PHSA advising that Cleroux was involved in their care.  Most of these letters were sent in November of 2021.  Anyone wishing to file an individual claim, should retain counsel and do so prior to November 1, 2023.

Personal information that you provide to us for the purpose of determining your possible involvement in the class action will be treated as private. Read our privacy policy for more information. Please fill out the online form below and someone from our office will contact you to go through your details

You can use the “Save and Continue Later” option (at the bottom of the page) if you need to finish filling it out at another time.

Alternatively, you can download a fillable PDF form instead, and fill it out using a PDF reader software such as Adobe Acrobat Reader and email it to [email protected] with the subject line: Provincial Health Services Authority (Cleroux).

Please note you will need an internet connection to submit the form.