The appellants, survivors and family members of victims of the Rana Plaza building collapse in Bangladesh in 2013, brought a class action against Loblaws and Bureau Veritas seeking damages for negligence, vicarious liability, and breach of fiduciary duty.
The motion judge dismissed the action on the basis that Bangladeshi law applied (not Ontario law), the claims were statute-barred under Bangladesh's one-year limitation period, and the claims disclosed no reasonable cause of action.
The Court of Appeal upheld the dismissal on all grounds.
The court also addressed a costs appeal, reducing the costs award by 30% to reflect the public interest component of the claims.