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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.
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Steve
said
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
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
Kris
said
JJ
said
Don
said
Who do I sue?
ShysterHater
said
Andrew
said
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
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
Mike H.
said
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
Scott in Vancouver
said
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
Elizabeth Wallace
said
Why pay for a natural resource we can obtain free?
Zhimmy
said
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
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
Rose
said
Simon
said
Stan Welner
said
CFLM
said
Doug BC
said
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
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
But no lawsuit. No loss of sleep. No effect on sex life. No phobia of stones.
RT
said
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
Mike
said
Chocolate lover
said
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
Lisa
said
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
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
YOW
said
Mervyn
said
Jim
said
david
said
Jim
said
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
Lou
said
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
RVH
said
Mark Neilans - Ottawa
said
Rob
said