Settlement in E. coli case is now official; Former E.C. Drury students get up to $1 million in class action lawsuit

August 19, 2005
Metroland - Halton Division
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Stephanie Thiessen

A judge has approved a class action lawsuit that'll see a group of former E.C. Drury students who became sick after their prom collect up to $1 million.

Tuesday, via fax to lawyers, Justice John Sproat of Superior Court of Justice approved most of a proposed settlement reached more than two years after about 85 students became sick from food eaten June 25, 2003, at Trillium Banquet Hall in Mississauga.

This followed Monday's settlement approval hearing at Superior Court of Justice in Brampton.

Under the settlement, former students -- and anybody who attended events at the hall between June 25 and 29, 2003 -- who contracted E. coli will receive between $500 and $5,000, depending on how long they experienced symptoms.

Missed work covered
Students and family members can also claim out-of-pocket expenses for things like missed work, with the total claims not to exceed $1 million, the maximum payout of the insurance company.

"This (the prom) should've been a special day in your life and it turned out to be an ordeal," Justice Sproat said Monday to former E.C. Drury student and representative plaintiff Lindsay Turner, now 21. "I am pleased this has been resolved. It's an excellent example of how the Class Proceedings Act does work."

He said the act provides an "easy and effective way to get money to the people who deserve it," and thanked Ms Turner for being in attendance.

There were no objections by class members to the proposed settlement.

It's not yet known how many claimants there will be. Should the claims exceed $1 million, the money will be doled out on a prorated basis.

The defendants, Trillium Banquet Hall Inc. and Brunel Food Services Inc., who've since gone out of business, have admitted no negligence or wrongdoing in the matter, said their lawyer, Steven Stieber.

For Ms Turner, the judge's decision was a welcome relief. Ms Turner stands to receive about $2,000 under the settlement, plus out-of-pocket expenses, and said the funds will definitely be put to good use since she'll be attending university in September.

Ms Turner developed symptoms of E. coli infection about two days after the graduation event. Symptoms included cramping, bloody diarrhea and vomiting. She went to the emergency ward at Milton District Hospital, and days later was told she tested positive for E. coli.

Because of the illness, Ms Turner lost out on a job as a summer teaching assistant, which meant she lost a valuable opportunity for experience in addition to lost income.

"I wasn't able to make money for school," she said outside the courtroom Monday, adding, "It's nice to have it finally wrapped up."

She explained as president of her school council, she was very active at E.C. Drury, so it seemed only natural that she take the lead in the class action and become one of three representative student plaintiffs.

"I was pretty involved in high school, so this was a nice way to carry that on," she said.
Her father, Maurice Turner, was a representative plaintiff of the family class. He said the past two years have been a learning experience for everyone involved.

"It's been an interesting process for all the kids to go through," he said, adding most people see class action lawsuits only on TV or in movies.

In 2003, the Halton Region Health Department confirmed that about 45 E.C. Drury students tested positive for E. coli 157, though many more suffered symptoms associated with food poisoning. It was the same strain of the virus that killed seven people five years ago in Walkerton. Fortunately, all the students recovered.

There were five events held at the banquet hall between June 25 and 29. Class members aren't limited to the E.C. Drury students, although it's expected they'll make up the majority of claimants, said Sharon Strosberg from Sutts, Strosberg Barristers and Solicitors, who represented the students.

Ms Strosberg assisted her father, Harvey Strosberg, who has worked on such high profile cases as the class action suit representing the Walkerton residents who became sick from contaminated water.

He said he was "delighted" with the settlement worked out.

"It's a wonderful resolution for these people," Mr. Strosberg said as he left the courtroom.
The only disagreement between the two sides was who the administrator of the funds would be, which the judge settled in his endorsement.

"It's a technical issue," Mr. Strosberg said, adding, "Each is very qualified to be the administrator."

Stephanie Thiessen can be reached at sthiessen@miltoncanadianchampion.com.