18 LEXPERT MAGAZINE
|
JANUARY 2019
A Novel Application of Old Principles
in Das v. George Weston Limited, 2018 ONCA 1053
BY PAUL-ERIK VEEL
O
n December 28, 2018, the Ontario Court of Appeal
released its decision in the case of Das v George Weston
Limited. At 114 pages, the Court's decision is thor-
oughly reasoned and substantive. It also deals with important
issues that are significant to all class action practitioners. For
those who don't want to wade through the full sets of reasons
— and there's a lot there — here's our summary of the key
take-aways from the Court of Appeal's decision.
Background
e background to this case was the collapse of the Rana Pla-
za building in Bangladesh on April 24, 2013. e Rana Plaza
collapse made headlines around the world, as thousands were
killed and injured. Many of those who had been killed were fac-
tory workers making garments for international export. A sig-
nificant percentage of those who died were workers who were
making garments for Joe Fresh Apparel Canada Inc., a brand
that is owned and controlled by Loblaws Companies Limited.
Following the collapse, the Plaintiffs started a proposed
class action in Ontario against Loblaws, as well as Bureau
Applying
Foreign Law
in Canadian
Class Actions:
Veritas, a company that Loblaws had contracted to conduct an
audit of the premises where the garments were manufactured.
e Plaintiffs moved for certification of the proceeding as a
class action. In response, Loblaws and Bureau Veritas brought
a motion under Rule 21 of the Rules of Civil Procedure to dis-
miss the actions on the basis that it was plain and obvious they
could not succeed. e Defendants' position was that Bangla-
deshi law applied and that: 1) the case was statute-barred be-
cause it was commenced aer the expiry of a one year limita-
tion period in Bangladesh; and 2) in any event, it was plain and
obvious that, as a matter of Bangladeshi law, neither Loblaws
nor Bureau Veritas owed a duty of care or were otherwise le-
gally responsible to the victims of the collapse.
e motion judge accepted Loblaws and Bureau Veritas' ar-
guments and dismissed the action. e motion judge also made
a significant costs award against the Plaintiffs, totalling ap-
PHOTO:
SHUTTERSTOCK
