Blogs » Law and Legal Services » Deutshmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW


Deutshmann Personal Injury & Disability Law - PERSONAL INJURY & DISABILITY LAW
How would you react to seeing a fly in a water bottle?
Return to Blog 
Paquette Travers Deutschmann, disability lawyers, personal injury lawyers

How would you react to seeing a fly in a water bottle?

June 22, 2007, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Supreme Court of Canada has just granted a right to hear the appeal of an Ontario Court of Appeal decision in the matter of Mustapha v. Culligan of Canada Ltd.  This is a case where Mr. Mustapha brought a claim for psychological damage against Culligan of Canada because Mr. Mustapha found a dead fly floating in the water bottle he was about to place on the water cooler.  As a result of seeing that fly Mr. Mustapha became very ill, including vomiting, and required extensive psychiatric and psychological care.  At trial the trial judge found Culligan to be liable for the damages suffered by Mr. Mustapha and awarded him damages totaling approximately $340,000.00.  The matter was appeal and the Court of Appeal found that Culligan was not liable to Mr. Mustapha.  The Court of Appeal basically stated that one has to take a more objective approach to these types of matter involving psychological harm.  The question to be answered is whether it is reasonable to expect or foresee that as a result of the negligence (ie. the fly in the water bottle) that the average person would suffer the type of psychiatric harm that Mr. Mustapha suffered.  It would seem that the Court of Appeal felt that Mr. Mustapha’s reaction and psychiatric response were too extreme and not that of the average person in similar circumstances.  Culligan was successful on the appeal.  The Supreme Court of Canada clearly views the issue of the standard to be applied to psychiatric harm to be the key issue here and therefore worthy of a review by them.  The matter will likely be heard in the next 6 to 8 months with a decision some months after that. Stay tuned.

About Paquette Travers & Deutschmann

Paquette Travers & Deutschmann serve South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Doug O’Toole focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

Posted on Sunday, Jul 01, 2007 - 08:45:00 AM EST
 Comments  (0) Post a Comment 
   By Deutschmann Personal Injury & Disability Law - Visit Our Business Directory Listing  |   Return to Blog 

Blogs Home   |   Start a Blog   |   Subscribe To Blog
News   |   Announcements   |   Events Calendar
Contact The News Editor   |   News FAQs

    <<     October  2020     
S M Tu W Th F S
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
Jump to:

Article Categories
Car Insurance
Disability Law
Law Enforcement
Personal Injury Law

Recent Articles
New Rules for the Region's Roads - The LRT is Almost Here
Drug Impaired Driving
Auto insurance deductibles unfair to seniors, homemakers, children and the disabled.
Should We Name and Shame Impaired Drivers?
Brain Injury and Psychiatric Illness
Women and Concussion
Feds Pushing Provinces to Stiffen Distracted Driving Laws
Government Proposing Tax on Employer Health Benefits
NFL Settles $30 Million CTE Lawsuit
Too Many Accidents At Region's Largest Roundabout
Undiagnosed Concussions Common Following Car Accidents
Stunt Driving - What it is, What it will cost you
Construction Season Ramping Up, Again
Lawyer Fees
TBI Diagnosis with A Microwave Helmet
Are Ride Hailing Apps Reducing Drunk Driving Rates?
Using Microwaves to Catch Post TBI Brain Bleeds
Outdoor Adventures Aren't Without Dangers
Who has the right of way in designated cyclist lanes?
Are Young Athletes Really Ready to Return to Play Post-Concussion?

Articles by Month of Posting
January 2018
January 2017
January 2016
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
August 2012
July 2012
May 2012
April 2012
March 2012
January 2008
July 2007
May 2007
April 2007