Results on Class Action Against Maple Leaf Foods Listeria Outbreak

On August 23, 2008 the Public Health Agency of Canada and the Canadian Food Inspection Agency received laboratory results from Health Canada that established a link between certain Maple Leaf Foods meat products and an outbreak of listeriosis. Eating foods contaminated with the bacteria “listeria monocytogenes” resulted in serious illness and death nationwide. The government reported 20 deaths from listeriosis. That same month, Maple Leaf Foods announced a massive recall of 243 types of ready-to-eat meat products supplied to stores and restaurants.

On August 25, 2008, Regina-based Merchant Law Group launched a class action lawsuit against Maple Leaf Foods in relation to the listeria outbreak and on August 27, 2008 Calgary-based Docken & Company also filed suit. A national consortium was later formed of lawyers who commenced lawsuits against Maple Leaf Foods including Rochon Genova LLP, Sutts, Strosberg LLP and Hotz Lawyers from Ontario, Branch McMaster from British Columbia and Sylvestre Fafard Painchaud from Québec. By the time the class actions settled, there were 5,000 claimants and the Merchant Law Group represented about 3,500 of them.

Maple Leaf agreed to pay between $25 and $27 million in settlement of all claims according to a compensation grid. The amount received by the claimants would depend on the severity of their illnesses. Lost income and out-of-pocket expenses would also be compensated. For those who sustained physical symptoms consistent with listeriosis, the compensation would range from $750 (for physical symptoms lasting between 24-48 hours) and up to $125,000 (for serious and long lasting physical injuries). The estates of class members who died as a result of symptoms consistent with listeriosis would receive $120,000 plus additional amounts to immediate family members.

Settlement was announced in the fall of 2008 and later approved by the courts in Ontario, Saskatchewan and Quebec. Subsequent legal issues were resolved in early 2012 and after a three-year wait, victims of the outbreak finally received compensation.