‘Substantial danger’: Class action claim alleges negligence after salmonella outbreak leaves hundreds of Canadians sick and dozens hospitalized

The producers of onions that triggered multiple food recalls and public health warnings and are believed to have caused a over the summer were negligent and failed to properly test their products, ultimately putting the public’s safety at risk, according to allegations in a class action claim filed in Ontario Superior court.

None of the allegations against California-based Thomson International, which produced most of the onions in question, have been proven in court and efforts to contact the management team of the large crop producer have been unsuccessful.

A message left with Nancy Thomson, the company’s accounting executive, on Saturday hasn’t been returned.

The statement of claim, launched by law firm Siskinds LLP who represent Saskatchewan resident Amber Furniss and London, Ont. resident Noreen Raja — both of whom became sick from eating onions — asks the court to certify the legal action as a class proceeding.

The claim alleges Thomson was “negligent in the manufacturing, testing, packaging, promoting, marketing, distributing, supplying, labelling, and/or selling of the contaminated onions,” among other accusations.

It is seeking an unknown amount of damage costs for Furniss, Raja and other Canadians who may have been impacted by the outbreak.

“The claim seeks damages for physical injury and financial losses associated with the recall, which are likely very significant,” Siskinds LLP lawyer James Boyd said in an email to Inside Halton.

The legal action arises from a believed to have been caused by contaminated onions from Thomson International, the claim, launched Sept. 30, alleges.

In total, there were linked to this outbreak in the following provinces: British Columbia (121), Alberta (293), Saskatchewan (35), Manitoba (26), Ontario (14), Quebec (25) and Prince Edward Island (1), according to the Public Health Agency of Canada.

Individuals became sick between mid-June and late-August 2020.

Seventy-nine individuals were hospitalized, the Agency said, and three people died, but salmonella did not contribute to the cause of these deaths.

On or after July 1, Furniss said, she bought some of the recalled onion products.

On or about July 24, 2020, she consumed some of the onion product and became ill, according to the claim.

“Amber’s symptoms included abdominal pain, nausea, and dizziness,” the action alleges.

On or about July 31, 2020, Furniss consumed more of the recalled onion product and again became ill with similar symptoms before throwing the onions away in early August after learning of the outbreak and recalls.

“The defendant had a duty or care to compensate the plaintiffs and class members for pure economic losses suffered as a result of the supply of products that present a real and substantial danger to the public,” the claim charges. “The contaminated onions posed a real and substantial danger to the public, including, but not limited to, a danger to the health and safety of the public through the risk of exposure to salmonella.”

If you or someone you know has consumed or purchased recalled onion products in 2020, or disposed of “unidentifiable” onion products as a result of learning about the recalls, the law firm is asking you to