World Economy

May 24, 2008

A Canadian hairdresser who claimed substantial damages for having suffered severe

A Canadian hairdresser who claimed substantial damages for having suffered severe depressive disorders affecting his sex life after having found a dead fly in a jug of water he had purchased, was dismissed Thursday by the Supreme Court of Canada.


Waddah Mustapha had found a dead fly and the remains of another fly in a jug of water still sealed delivered to his home in 2001 and had initiated proceedings against the bottling company.

He said "having suffered severe depressive disorders accompanied by phobias and anxiety", according to the expectations of the Court.

Mr. Mustapha had also argued that his phobia of flies after the incident had affected his sex life and professional and it was difficult to take showers.

While considering its response "objectively bizarre", a judge granted him about $ 341,000 damage. The decision was reversed on appeal, confirmed Thursday what the highest court in Canada.

The Supreme Court has recognized that the complainant had suffered "debilitating psychiatric disorders who had a considerable impact on his life."

But she considered unanimously by its nine judges, that the manufacturer could not be sentenced to pay damages because he could not have foreseen such a reaction of the complainant.

Mr. Mustapha "has not established that it was foreseeable that a person with an ordinary resilience suffer serious harm in seeing the remains of flies in the water bottle he was preparing to install," writes the Chief Justice Beverley McLachlin.

"Unusual or extreme reactions to events resulting from negligence are conceivable, but it is not reasonably foreseeable," she says.

by erectusplus at 10:00 AM |