The plaintiffs, victims of the Rana Plaza factory collapse in Bangladesh, brought a proposed class action in Ontario against Loblaws (who sourced garments from the factory) and Bureau Veritas (who conducted social audits).
The defendants moved to dismiss the action under Rule 21, arguing the claims were governed by Bangladesh law, were statute-barred, and disclosed no reasonable cause of action.
The court held that while it had jurisdiction simpliciter, the claims were governed by Bangladesh law under the lex loci delicti rule and were statute-barred by a one-year limitation period.
Furthermore, the court found that under both Bangladesh and Ontario law, it was plain and obvious that the defendants owed no duty of care to the plaintiffs, nor was Loblaws vicariously liable or in breach of any fiduciary duty.
The action and the certification motion were dismissed.
