TORONTO, Aug. 30, 2002 (PRIMEZONE) -- A class action has been commenced against Loblaws alleging that customers and other persons may have been exposed to the Hepatitis A virus because of allegedly contaminated produce at Loblaws' Humbercrest store located at 3671 Dundas Street West in Toronto.
Matthew Vezina, the proposed representative plaintiff, is seeking compensation from Loblaws on behalf of all persons who may have been exposed to the Hepatitis A virus as a result of coming into contact with the allegedly contaminated produce or who may have been exposed to the Hepatitis A virus as a result of coming into contact with persons who were infected by the allegedly contaminated produce.
The Statement of Claim, filed in the Ontario Superior Court of Justice today in Toronto, alleges, among other things, that Loblaws was negligent in permitting produce to be exposed to the Hepatitis A virus, and that Loblaws breached its contracts with its customers by selling food that was allegedly not safe for human consumption.
The Statement of Claim asks for compensation for injuries allegedly suffered by persons who: (a) may have contracted the Hepatitis A virus; (b) were forced to throw away produce; (c) incurred out of pocket expenses, such as the cost of additional medical services, including a second supplemental vaccination shot (which is not covered by the Province); (d) suffered nervous shock suffered as a result of persons fearing for their health; and (e) spent time and money seeking medical treatment.
An application will be made to the Ontario Superior Court of Justice to certify the action as a class action once a case-management judge has been appointed.
The Statement of Claim can be viewed on the Paliare Roland Rosenberg Rothstein LLP (www.paliareroland.com) and Koskie Minsky (www.koskieminsky.com) web sites.
If the action is certified as a class action, persons who do not wish to pursue their claims against Loblaws or who wish to pursue their claims on an individual basis may opt out of the class action and commence their own individual actions at their own expense.
The class action against Loblaws is proceeding on a contingency fee basis. The class members will not be required to pay any legal fees to the class action lawyers unless the class action is successful at trial or the class action is settled, in which case the legal fees will be divided amongst the class members on a pro rata basis and deducted from the amount of compensation that the class members may ultimately receive. The quantum and division of any and all legal fees paid to counsel must be approved must be approved by a judge of the Ontario Superior Court of Justice.
The law firms retained by Mr. Vezina have established e-mail addresses and a toll free number for persons who would like more information. The e-mail addresses are:
loblawsclassaction@paliareroland.com loblawsclassaction@koskieminsky.com The toll free telephone information number is 1-888-502-7456.
Any persons with questions or concerns about their health should contact their physicians or the Toronto Public Health Department at 416-338-7600 (http://www.city.toronto.on.ca/health/hepatitis_qa.htm).
More information on this and other class actions can be found on the Class Action Newsline at www.primezone.com/ca.