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28 January 2025

Canadians' Deaths From Food Poisoning Prompt Legal Action

Family files lawsuit against several companies after vacation tragedy highlights safety concerns at resorts

Two Canadians tragically lost their lives as a result of food poisoning during their vacation at the Viva Dominicus Beach resort in the Dominican Republic, prompting legal action against several travel companies. The Gougeon family, who were reportedly stricken by illness less than 24 hours after dining at the hotel’s buffet, have taken steps to seek justice following the deaths of April and Oliver Gougeon.

The family’s lawyer, Meghan Hull Jacquin from Howie, Sacks & Henry LLP, announced the lawsuit against Wyndham Hotel Canada II, Air Transat Holidays A.T, Transat Tours Canada, and the resort’s on-site medical clinic, Clinica Canela, based on claims of serious negligence. According to the firm, Stephen Gougeon, the surviving family member, alongside his other son, Wesley, witnessed “poor sanitary conditions” and received inadequate emergency medical assistance during the crisis.

Stephen recalled the harrowing experience. “Flying back home without April and Oliver sitting beside as they had done just days earlier is indescribable,” he said. “We planned this trip so our family could get some rest and relaxation. The thought of something like this could happen was the furthest thing from our minds.”

The family began to feel unwell shortly after eating at the resort, leading to severe health deterioration, which culminated with April and Oliver’s deaths shortly after being transported to a local hospital. A coroner's report confirmed their deaths were secondary to food poisoning, highlighting the devastating impact of the situation.

Meghan Hull Jacquin expressed shock at the level of negligence faced by the Gougeon family. “The Gougeon family was failed on so many levels. Tens of thousands of Canadians purchase these all-inclusive packages each year thinking a resort vacation is safe,” she remarked. Their situation raises concerns about the hospitality industry’s adherence to health standards and emergency response protocols.

Transat, one of the companies named in the lawsuit, has refuted the claims and expressed its condolences to the Gougeon family. The company stated, “At the time of these events, we supported the Gougeon family. We act with diligence, prudence, and compassion.” They insisted they choose their suppliers with care and promised full cooperation with any investigations following the tragic incident.

Meanwhile, the gougeons' case is not the only one receiving attention. Recent investigations led to the recall of Tahini produced by Naz’s Falafel House Inc. due to potential Salmonella contamination. The Canadian Food Inspection Agency announced the recall and advises customers to avoid consuming the recalled product, which was primarily sold to restaurants and institutions, showcasing the need for rigorous food safety standards.

The Al-Watan Tahini, packaged prominently with UPC number 6 224000 108045, was sold widely across Ontario, and the agency is launching an inquiry which could expand the scope of the recall. Although no illnesses have been confirmed from this product, the CFIA recommends consumers discard any affected items securely or return them for refunds.

Simultaneously, 19,688 cases of Horizon Organic Aseptic Plain Whole Milk were recalled across Arizona, California, and Nevada due to packaging errors leading to potential spoilage and food poisoning risks. The U.S. Food and Drug Administration classified this recall as Class II, indicating it could lead to temporary health issues, but not likely severe consequences. The affected milk was packaged with best-buy dates extending to March 2025.

Consumers have been urged to check their refrigerators for the affected milk. Symptoms associated with consuming spoiled milk include vomiting, abdominal pain, and diarrhea, necessitating immediate medical attention if these arise. The various recalls and food poisoning incidents underline the importance of food safety and consumer vigilance.

Food safety experts continue to advocate for stricter enforcement of health regulations and greater accountability among food producers and hospitality providers to prevent another tragic incident from occurring. The quest for accountability and improved safety standards remains pivotal for the future health of consumers.

Though the Gougeon family has received overwhelming support from their community, the aftermath of their experience reveals significant gaps within the tourism industry’s health and safety measures. The hope remains for meaningful changes to protect others from similar tragic outcomes and for the industry to uphold rigorous hygiene and safety protocols moving forward.