Top Five 2007: Waddah Mustapha v Culligan Of Canada Ltd
Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.
Waddah Mustapha v Culligan Of Canada Ltd (2006), 84 OR (3d) 457 (CA)
The plaintiff suffered psychological harm after seeing a fly in his Culligan water bottle. The Ontario Court of Appeal found that the plaintiff’s unconventional reaction to seeing a fly in a water bottle was not ‘reasonably forseeable’ harm and that the water company was not liable. The Supreme Court of Canada upheld the Court of Appeal’s decision, but for different reasons. The more recent Supreme Court decision can be found here.
Date Produced: 2007