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SCC quashes man's suit over fly in bottled water

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CTV.ca News Staff

Date: Thu. May. 22 2008 12:03 PM ET

The Windsor, Ont. man who sued for six digits in compensation after finding a fly in his bottled water, has lost his case.

The Supreme Court of Canada voted unanimously on Thursday to dismiss Martin Mustapha's appeal, and ruled he must pay the costs for the water company he took to court.

Mustapha and his wife found the dead fly, then later found half of another fly, in a large water bottle delivered to their home.

The hairdresser claimed to have suffered serious psychiatric symptoms after the incident, including sleeplessness and a major depressive order. He also claimed his sex life and his business were affected and he developed a phobia of flies.

Mustapha successfully sued the bottled-water company -- Culligan of Canada Ltd. -- in 2005 and was awarded $341,000.

"Although his reaction was 'objectively bizarre', his particular circumstances, along with Culligan's knowledge that the nature of its product indicated a concern for purity and cleanliness, made psychiatric injury from the incident foreseeable for Mr. Mustapha," said a Supreme Court summary of the case.

However, Culligan appealed and the decision was overturned.

The appeal court ruled that the trial judge "erred in failing to incorporate an objective component when determining whether Culligan owed a duty to Mr. Mustapha" according to the document.

The court also said the judge "erred in asking whether psychological harm to Mr. Mustapha was possible rather than probable," and ordered Mustapha to pay Culligan's legal bills.

Mustapha then took the case to the Supreme Court, which quashed his case Thursday.

According to an earlier SCC summary of the case, the test for existence of duty of care is whether it is foreseeable that a person of "normal fortitude or sensibility" would be likely to suffer psychiatric harm from such an incident. If so, the defendant can be held accountable for the plaintiff's psychiatric harm.

Comments are now closed for this story

Steve
said

Let's hope that the SCC makes the right decision and upholds the appeal court's ruling. A fly in a water bottle ruined his sex life? Umm, yeah, I'd believe that.

It's time to put an end to these ridiculous lawsuits and to remind those who file them that it's going to cost them if they lose.


Mark
said

Angela, this is important news. Not the story itself, but the fact that the man was able to win $300,000 in court.

North America prospered the last 100 years because people worked together and had a common goal. Society is being torn apart by people who worry only about themselves, and use the pathetic law system we have to get free money.


george
said

I was about 15, when a fly flew into my tomato soup in an outdoor setting. Was I supposed to interrupt the hostess and my mother in conversation? I finished the soup wielding the spoon around the insect, and have lived happily after.


Kris
said

Something like this makes its way to the Supreme Court and is a big news story, yet how many murderers get away with a slap on the wrist and their cases aren't even glanced at for an appeal to a stronger conviction? I'm sure the Court has better cases they could be dealing with.


JJ
said

This is great news and hopefully will discourage others from trying to acquire compensation that is outrageous for such a minor issue.


Don
said

Knowing that this outrageously frivolous lawsuit made it to the highest court in the land has caused me to suffer serious psychiatric symptoms including sleeplessness and a major depressive order. My sex life and his business have been affected and I developed a phobia of vexacious litigants.

Who do I sue?



ShysterHater
said

Finally, a ridiculous law suit is quashed for a change....Bravo SCC!!!


Andrew
said

On average there are 8 insect legs in a chocolate bar.

The U.S. Department of Health publishes a pamphlet The Food Defect Action Levels available to the public which lists the acceptable amount of "natural and unavoidable defects in food".

The current acceptable level for chocolate is "1 rodent hair and 16 insect parts."

Please, it was only a fly. You can exchange the bottle, or ask for a refund. But if you live on earth, chances are you're going to encounter a bug at some point.


beth
said

I found hair in a box of cereal which REALLY grossed me out. At least it wasn't poison. So now I don't buy the cereal anymore. Maybe Mr. Mustapha should have contacted Culligan - complained and asked for free water for a year - OR NEVER GET WATER FROM CULLIGAN AGAIN!
There are other ways to deal with issues like this, going to court over a fly is a new low for Canada and lawyers involved.

Isabelle
said

Perhaps this case will put some sense into canadian's heads about frivilous lawsuits. This is Canada, not the U.S.


Mike H.
said

Well, yeah.

I'll file this one right in there with the lady that sued McDonalds because her kids were fat and the man that sued Tim Hortons because he spilled hot coffee on himself.

Glen
said

Now I remember? Not sure you do. This case was accepted by the SCC because they needed to correct some important reasoning that the appeal court left out. Which was the issue of reasonableness. A very important concept used in both common & civil law in this country. This case law should reduce such litigation in the future, not increase.


Scott in Vancouver
said

Thanks to the SCC for bringing sanity to this frivolous, money-grabbing case. And Mr. Moustapha having to pay the legal fees may just deter someone else from doing the same.

I was in a restaurant once, when a tourist complained of a fly in his Margarita. The owner came over, stuck her finger in the drink to remove the fly, then replied, "Now there isn't".

Fly in water? Throw water out. Already drank it? Get over it... I've swallowed the odd fly biking... it's gross, but it really won't kill you. And you can rest assured that all of us have unknowingly let a bug get into something we were cooking, and eaten it.

Mr. Mustapha should read up on the Government's guidelines for bugs in food - he'd never eat another bar of chocolate or piece of broccoli again!


Tricia Green
said

OMG! We are becoming so american-like with all this suing nonsense! What with our courts already jammed up, we have to wait for this kind of nonsense to get through the system. Have we lost our minds!


Elizabeth Wallace
said

My first week at my job i found a pine needle and a small spider in the large bottle of water we were encouraged to drink 'instead of tap water'. It snapped me into sanity.
Why pay for a natural resource we can obtain free?

Zhimmy
said

Actualy, I think its bad he lost. Not that I don't think his case was weird. But think about it...all these water companies that are largely unaccountable for their product.

He found a fly in the water? I hate to see what else is in a lot of this bottle water!

Now, that is the real story.


CM
said

Andrew,
Reading what you have written has turned me off chocolate....but you are 100% correct that every human will encounter a bug in their life....just think of the number of dust mites that live on our mattresses and pillows...


Terry H.
said

OMG!! Call me a fool, but I had no idea there were bug parts in chocolate. Hmm...so maybe I'm addicted to bug parts and not chocolate?? :) Seriously, you are all right...this is just a part of life, suck it up and move on.


Rose
said

I can't believe what someone will take to court. Bravo to SCC. I found a lady bug in a jar of jam one time, but I sure didn't sue the company. I picked it out and continued spreading the jam on my toast. Educate these people to the fact if they lose in court, it will cost them. A fly in a bottle of water affected his sex life. Over a fly. Good thing it wasn't a black widow or a trencula.Give me a break.


Simon
said

I commend the SCC for quashing this case. Though, such frivolous cases should be thrown out immediately anyway.


Stan Welner
said

I agree with the SCC on this issue. How people react to events is the root of the problem. If everyone could use this kinds of pretext, we would not last long as a society! Thank you!


CFLM
said

Nice to see a common sense ruling.


Doug BC
said

Just hearing the case was a ridiculous waste of taxpayers money.I know it's not always easy to draw a line between a citizens right to his/her day in court,and a justice.But we really ned to do better.
Personally,I prefer a system that repays the injured party for any losses that can be prove.This "mental anguish" stuff is far to open to abuse.Even more-so with our very "liberal" judicial system.
It sure seems like the SCC should have more important things o it's agenda.If not,lets give them some unpaid time off.


BobLoblaw
said

This harkens back memories of Donoghue v Stevenson.

However, in that case (snail in bottle of ginger beer), the plaintiff won.

I wonder how the precedent from that case didn't carry over.

Potentially because the ginger beer case had an opaque bottle and the water bottle was transparent?

Either way, if we have legal precedent, it doesn't matter how ridiculous the case is. I think what you have to worry about is not the people who enter these suits, but rather ridiculous previous court decisions that provide precedent on shaky grounds...


Guido
said

I found a small stone in a can of stew years ago. I called up the Canadian manufacturer and they were naturally sceptical and said the usual line that it was impossible for a stone to get into it but there really was. They asked me to send it, wrote back with an apology and a couple of coupons, end of story. I suppose if I bit into it and broke a tooth, things would have been different.

But no lawsuit. No loss of sleep. No effect on sex life. No phobia of stones.



RT
said

An epicure dining in Peru,

Found quite a large mouse in his stew,

Said the waiter 'Don't shout and wave it about,

Or the rest will be wanting one too'.


MJ
said

We are all happy that the case was thrown out but let's not encourage these manufacturers that it is ok to have bugs in your bottled or canned items. Who knows one might find a cockroach and sure I would have a fit


Mike
said

I want to know how much it will cost him out of his own pocket. That might give him nightmares, and maybe make his business suffer, too!



Chocolate lover
said

I found a small piece of wood in a chocolate bar a few years ago. I put the remaining piece of the bar, and the half chewed bit of chocolate and wood in a plastic baggie, wrote a letter giving the circumstances, and simply let the company know that this is what it was and I thought they might be interested in it in terms of reviewing quality control.
Two weeks later I received a letter of apology thanking me; stated also that they would be checking quality control, and hope I would enjoy the token of apology (which was a sample of just about everything they made, including a good supply of the chocolate bar in question). I was, to say the least, a happy camper! One has to be realistic, not oppotunistic. I've also eaten more than my "pound of dirt" during my lifetime. It's real life, my friend. I am sure that my approach worked much better than our litigant's did.


Absolutely Amazed
said

Thank goodness "common sense" prevailed.


Lisa
said

Oh the things I've found over the years!
A spider in a bag of french fries, a ball of lint in a cracker, bugs in chinese food, and once, and this was the worst for me, I once found a live carpenter bug in my yogurt. He'd hitched a ride on the fresh raspberries from my garden, so that one was totally my fault.
Moral of the story, sh!t happens, build a bridge and get over it.

DontWorryBeHappy
said

How many insects did you have for breakfast this morning? The answer may surprise you! Despite advances in pest control technology, it is still not possible to exclude all insects from our food supply. Most agricultural products are already contaminated with insects (or insect products) when they are harvested, and still more gain access during storage.
The United States Department of Agriculture (USDA) has adopted Grade Standards designed to protect American consumers from inferior agricultural products. The standards set legal limits for spoilage or contamination due to insects and other agents. The highest grade is "U.S. No. 1".

In order to qualify as U.S. No. 1 Grade, the commodities listed below cannot exceed the following limits of contamination:

Ketchup -- 30 fruit fly eggs per 100 grams
Canned corn -- 2 insect larvae per 100 grams
Blueberries -- 2 maggots per 100 berries
Peanut butter -- 50 insect fragments per 100 grams
Curry powder -- 100 insect fragments per 100 grams
Wheat -- 1% of grains infested
Sesame seed -- 5% of seeds infested
Coffee -- 10% of beans infested

Have some more ketchup with your "flies"!




David
said

I grew up in Africa as my parents worked in International Development Programmes. I was about 15 when I had used the last 25 cents of my pocket money to buy a croissant to eat. About 2/3 of the way through the sweet, a 3" cockroach ran out of it. I figured that I had probably already eaten whatever was affected by the roach, so I finished it. No eggs hatched out of me later and I've been fine for the past 25 years.

YOW
said

Each year the average person will eat several insects while they are sleeping. Put that in your pipe and eat it!


Mervyn
said

But this was a Spanish Fly!


Jim
said

Mmmmm....protien.


david
said

It is good that common sense has prevailed. He was looking for an easy buck. Flies are the national pet in most third world countries


Jim
said

Okay, we're all happy that someone has some common sense at the top level. Whew!

What about the judge that lacked common sense in the first place and awarded $300K? Is this enough to knock some common sense into them? Hopefully they get blackmark on their file or get ridiculed by their peers at least.


Tamouh H.
said

I'm glad this case went all the way up to the SCC. At least it will set precedence to all such future cases that we no longer have to bother with such stupidity.


Lou
said

Well, now...some people will do anything to gain a buck or two. Pushing beyond the limit to get as much as they can: nothing to lose, right?

Developing phobias, affecting sex drives?! All over an ittybitty fly?! Ha ha ha! If so, I would be in an insane asylum by now.

Wasting court time is shameful. There should be laws in place for ridiculous lawsuits such as these. Of course, lawyers don't care because they still get money in their pockets.

Money is the disease that affects everyone one way or another.


C
said

In the US he would have been awarded millions and the insurance rates would increase for everyone across the board -- and we all complain about gas and oil prices


RVH
said

I hope he spent all the money and now has to pay it all back. There are hundered of ways to make money like getting a job.


Mark Neilans - Ottawa
said

I'd be interested to know what the final legal bill will be for this nonsense. I doubt that this "delicate little flower" (Martin Mustapha) will be able to afford bottled water for quite some time.


Rob
said

At the age of 11 or twelve, I ordered a milkshake not realizing there was a fly caught in the straw. My father told me to ask for a new straw and get over... though I didn't care for milkshakes for about year... I mental well being never changed over this not so traumatizing event.


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