Case summary
1. This class action concerns the E.coli outbreak at Harvey's/Swiss Chalet in North Bay (the "Restaurant").
2. This action has been commenced in the Ontario Superior Court of Justice on behalf of all people who consumed food and/or beverages from the Restaurant from and including September 12, 2008 to and including October 12, 2008 (the "Class Period") and all people who were infected due to contact with them.
3. The statement of claim alleges, among other things, that Cara Operations Limited and 1233280 Ontario Inc. (the Franchisee) and Summit Food Distributors were negligent because they provided food and/or beverages that were contaminated with E.coli.
4. By order dated May 31, 2010, Justice Hennessy certified this action as a class action. Please click here to view the Notice of Certification.
5. Examinations for discovery were commenced in November, 2010. Prior to the examinations for discovery, each party produced all relevant documents. At an examination for discovery, a representative of each party is asked questions which are relevant to the documents produced and the issues in the lawsuit before a court reporter, who generates a transcript.
6. At the same time the examinations for discovery were proceeding, we were advised that the Franchisee commenced a lawsuit against Cara Operations Limited and others, alleging that the outbreak at the Restaurant ruined their business and caused the business to be sold at a loss. As a result of this lawsuit, the examinations for discovery were adjourned.
7. At a case conference held on January 25, 2011, Justice Hennessy ordered that examinations for discovery in the class action and in the Franchisee’s action must be held together. Examinations for discovery are scheduled to take place during the last week of May, 2011.
8. If you consumed food and beverages from the Restaurant during the Class Period, please complete the form on our Communications page.
9. If you would like to speak to someone about this lawsuit, please call Sutts, Strosberg LLP at 1.800.229.5323, extension 8294 or Hotz Lawyers at 416.754.9962 extension 244.
10. If you would like to learn more about how a class action works, please click here.
IMPORTANT NOTE
This website provides general information to class members on a class action commenced against Cara Operations Limited and 1233280 Ontario Inc.. The court will ultimately decide who will be included as a class member.
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 Sutts, Strosberg LLP or Hotz Lawyers.
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 a substitute for individual legal advice.
This website is updated from time to time to provide class members with further information.