The defendant, Barrick Gold Corporation, brought a motion to dismiss or permanently stay two companion actions, arguing that the Ontario Superior Court lacked jurisdiction or, alternatively, that Tanzania was the more appropriate forum under the doctrine of forum non conveniens.
The plaintiffs alleged injuries and deaths at a Tanzanian mining site, caused by the Tanzanian Police Force, for which they claimed Barrick was responsible due to negligent oversight.
The court found that Ontario lacked jurisdiction simpliciter, as the real and substantial connection to the litigation was in Tanzania, not Ontario, thereby rebutting the presumption of presence-based jurisdiction.
The court also determined that even if jurisdiction existed, Tanzania would be the clearly more appropriate forum due to the location of key witnesses and evidence, the inability to compel Tanzanian police witnesses in Ontario, and the adequacy of the Tanzanian common law legal system.
The actions were dismissed.
