Current Area: News-> Tainted Salad Class Action

"On May 14, 2002, Nikki Tourlos bought ready to eat pasta salad from a food outlet in Toronto. The salad was prepared and distributed by Tiffany Gate Foods Corporation. On May 18, Ms. Tourlos became very ill. Her illness included vomitting, diarrhea, insomnia, and extreme pain. As a result, she was hospitalized. The salad she had eaten was contaminated with shigella bacteria. This salad was sold in various locations in Ontario.

Nikki Tourlos has sued Tiffany Gate Food Corporation for damages for herself and for all others similarly affected persons in Ontario. This is called a class action and it was started when McPhadden, Samac, Merner, Barry, on behalf of Ms. Tourlos (called the "representive plaintiff") and the individuals of the class (called the "class members"), issued a statement of claim

On August 20, 2002 the Ontario Superior Court of Justice issued its reasons on a motion brought by the solicitors for the Andrews. The motion was to have carriage of the prospective class action given to the solicitors for the
Andrews. McPhadden Samac Merner Barry, solicitors for Nickie Tourlos,
opposed the motion and, in particular, the fact that the solicitors for the
Andrews sought to have the motion heard in Ottawa. McPhadden Samac Merner Barry submitted that the motion should properly be heard in Toronto. The Court accepted this submission of McPhadden Samac Merner Barry and ordered that the motion be heard in Toronto. Attached is a copy of the Court's reasons.

If you would like to participate in the class action, please contact us at (416) 363-5195 or please download these forms and either e-mail or faxed a completed one to us at (416) 363-7485;"

Tainted Salad Class Action Questionaire: Microsoft Word form for emailing: Download

In case you do not use Microsoft Word, please download and fax this PDF form: Download

All individuals who actively participate in this class action have the right to opt-out of the action within a specific period.  Ontario legislation provides specific protocols that ensure class actions are carried out in the interest of each class action participant. 

To learn more about what class actions are, please click here.

Members of the media should please contact David G. Merner (416) 306-3817 or dmerner@msmb.ca .

Back to top