MAPLE LEAF FOODS CLASS ACTION SETTLED

On March 9, 2009 the Ontario Superior Court approved a national settlement and certified the Ontario proceedings as a class action. The reasons of Justice Perell can be downloaded from this site. If you or a family member sustained permanent injuries as a result of the listeria outbreak and have incurred significant financial losses for loss of wages and/or past and future home care/ medical expenses then you may wish to consider opting for arbitration. You may wish to be represented by counsel at the arbitration. Our firm will provide a complimentary case review to determine whether your case is appropriate for arbitration. You may complete the questionnaire below or alternatively if you have already completed the questionnaire, please send us an e-mail indicating your interest in arbitration whereupon we will review the information on file and respond.

The class actions over the listeriosis contamination of processed meats against Maple Leaf Foods Inc. and Maple Leaf Consumer Foods Inc. have been settled subject to court approval, in Saskatchewan, Quebec and Ontario.

If approved, the class actions will recover damages for all individuals who purchased or consumed food products included in the August 2008 recall other than persons and corporations who purchased the food products for resale purposes. The settlement provides that the defendants will pay between $25,000,000 and $27,000,000. The amount of money that each class member will receive depends upon the severity of their illness.

Particulars of the settlement may be found by clicking on the link entitled “Details of Settlement”.

Class actions were commenced across Canada, including in Ontario, Quebec, British Columbia, Alberta and Saskatchewan. The courts in Ontario, Quebec and Saskatchewan must approve the settlement. The approval hearing in Ontario will take place in early 2009 in the Ontario Superior Court of Justice.

"We are very pleased all of the actions across Canada have been resolved quickly, efficiently, and in the best interest of the class,” said Colin Stevenson of Stevensons LLP, who acted for the class along with a consortium of lawyers. Ted Charney of Falconer Charney LLP, who also acted for the class, added, "Our clients are delighted with the result. We are working towards obtaining court approval and ensuring that the class members are paid immediately."

Other members of the consortium of lawyers includes Sutts, Strosberg LLP and Hotz Lawyers from Ontario, Branch McMaster from British Columbia, Docken & Company from Alberta and Sylvestre Fafard Painchaud from Québec. Another group of plaintiffs participating in the settlement are represented by Merchant Law Group and Rochon Genova LLP.

MAPLE LEAF FOODS RECALL

Maple Leaf foods has announced a massive recall of 243 types of ready to eat meat products supplied to stores, restaurants and cafeterias. These products have been recalled because of concerns of a link between the products and an outbreak of listeriosis.

Listeriosis is an illness caused by exposure to the Listeria monocytogenes bacteria. Symptoms of listeriosis include flu-like symptoms, nausea, vomiting, cramps, diarrhea, headache, constipation and persistent fever. Symptoms usually appear within 2 to 30 days and up to 70 days after consuming contaminated food. The very young, the elderly or those with compromised immune systems are the most susceptible.

A list of recalled products can be found at http://files.newswire.ca/464/RecallList.pdf

If you or your family consumed products on the Maple Leaf Foods recall list you may be entitled to compensation.

Anyone who participates in the class action will not be personally charged any legal fees. If the case is successful, legal fees will be paid by the defendant and from a portion of the compensation funds recovered on behalf of the class.

If you would like to be added to our contact list so that we may keep you updated on the progress of the class action, please complete the questionnaire below or you may contact us at the telephone number set out below for further information.


Fields marked with an asterisk (*) are mandatory.
First Name: *
Last Name: *
Street Address/Apt: *
City: *
Province: *
Postal Code: *
Home Phone: *
Evening Phone (if different):
Email Address: *
CLAIM INFORMATION
 
 
DID YOU OR A FAMILY MEMBER CONSUME A PRODUCT ON THE MAPLE LEAF FOODS RECALL LIST?
 
Yes  or  No
IDENTIFY THE PRODUCT OR PRODUCTS CONSUMED
 

 
IDENTIFY WHERE YOU PURCHASED THE PRODUCT
 

 
WAS ANYONE HURT?
 
Yes  or  No
DID YOU OR ANYONE IN YOUR FAMILY SUSTAIN EMOTIONAL DISTRESS OR FEAR ABOUT HAVING EATEN A PRODUCT ON THE RECALL LIST?
 
Yes  or  No
HOW MANY PEOPLE IN YOUR FAMILY WERE AFFECTED?
 
HAVE YOU INCURRED ANY EXPENSES AS A RESULT OF CONSUMING A PRODUCT ON THE RECALL LIST?
 
Yes  or  No
DESCRIBE CURRENT SITUATION, INCLUDING THE EXTENT OF ANY PHYSICAL OR EMOTIONAL INJURIES AND EXPENSES INCURRED
 

 
 
 

For further information please contact Jennifer Yiin-Mackovski, who is a law clerk in the Charney litigation group at jennifery@fcbarristers.com or call (416) 964-3408 at extension 246, or Sharon Strosberg at Sutts, Strosberg at sharon@strosbergco.com or call (519) 561-6244.

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on a class action that has been commenced against Maple Leaf Foods Inc.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Falconer Charney LLP. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.