Brunch victims will get cash

24.aug.06
Hamilton Spectator
Marissa Nelson

People who were sickened by a Mother's Day brunch at the Royal Botanical Gardens in Ontario last year will be eligible for between $500 and $50,000 compensation, after a proposed agreement was reached that will avert two class-action lawsuits.
David Thompson, lawyer with Scarfone Hawkins, was cited as saying the deal for the estimated 155 people who fell ill was completed yesterday. It still has to be ratified by the courts at a hearing set for Sept. 28.
Thompson said the total value of the pain and suffering compensation is $2 million -- the insurance policy limit for the caterer involved, Compton & Greenland. What will ultimately be paid out from that pot isn't clear, as people who want compensation must first apply to an independent adjudicator.
The agreement sets out four levels of compensation based on the length of illness.
Mild is defined as having symptoms for no more than 72 hours and severe is having symptoms for more than 60 days, being treated medically and possibly requiring hospitalization.
Halton health department files show 288 people ate the brunch and that agency's investigation showed about 155 could be included in the class- action.
Thompson said the compensation levels are in line with those handed out from the Walkerton water tragedy and similar to another case in Milton.
An investigation found salmonella bacteria in the roast beef served by Compton & Greenland, owned by Kate Greenland, at the Mother's Day buffet May 8, 2005.
The incident resulted in seven charges laid by Halton's health department and a $1.1 million suit filed by the RBG. The caterer has also filed a $3- million countersuit against the RBG.