Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the conflict of laws.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Several years ago in Bangladesh, the factory where Joe Fresh garments were being manufactured collapsed, killing many people. An action was commenced in Ontario on behalf of these families of survivors as well as the families of those killed, for recovery of damages as a result of the collapse. The claim was based in negligence that Loblaws had been negligent in their international operations and in using that building which was structurally unsound for the purpose of its garment manufacturing.
The case was unfortunately dismissed on the basis of that fact that the law in Bangladesh applied to the claim and although the claim could be brought in Canada, because Bangladeshi law had already passed its limitation period, the claim was no longer viable.
Watch the video for more.