Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. seek to recover financial compensation for Canadian consumers in relation to injuries arising from a large outbreak of Salmonella infections caused by contaminated onions from Thomson International, Inc. and a series of nationwide recalls associated with the outbreak.
These recalls were issued in issued in 2020 by a government department or agency in Canada or the United States of America regarding the recall of onions, or products containing onions, due to possible Salmonella contamination.
National onion salmonella class action certified
The action was offically certified as a national class action lawsuit by the Court of Queen's Bench of Alberta on April 30, 2021. The class action alleges that the defendants failed to ensure food safety, leading to widespread public health risks, economic losses, and consumer damages.
The national class action seeks to recover damages on behalf of Canadians who:
- consumed the recalled onions or onion products and suffered illness or death;
- purchased the recalled onions or onion products for private, non-commercial consumption, and suffered an economic loss; and/or
- purchased “unidentifiable” onions or onion products (onions or onion products for which it was not possible to tell if they were recalled) on or after May 1, 2020 and diposed of such products as a result of receiving a recall notice or communication and suffered an economic loss.
If you or someone you know has consumed or purchased recalled onions or onion products, or disposed of “unidentifiable” onions or onion products as a result of learning about the recalls, please contact us. Our class action lawyers will be happy to assist you.
What is Salmonella?
Salmonella is a dangerous foodborne bacterium that, when ingested through contaminated food products such as onions, poultry, eggs, or produce, amoug other things can cause severe gastroenteritis called salmonellosis (aka Salmonella infection).
Common symptoms of salmonellosis
Symptoms of salmonellosis include:
- nausea;
- vomiting;
- diarrhea;
- abdominal pain;
- headaches;
- dizziness;
- myalgia; and
- and low-grade fever.
Long-term health complications associated with salmonella
Symptoms of salmonellosis usually last for several days. However, severe cases of salmonellosis can last much longer than several days, and related complications may become serious and life threatening. Long-term complications can include:
- reactive arthritis;
- inflammatory bowel disease; and
- and immunological deficiencies.
Prompt medical attention is recommended for anyone experiencing these symptoms after consuming food linked to a Salmonella outbreak or recall.
How Siskinds can help
If you or someone you know has consumed or purchased recalled onions or onion products in 2020 or disposed of “unidentifiable” onions or onion products as a result of learning about the recalls, Siskinds may be able to help. Our experienced class action lawyers can guide you through the claims process, ensuring that all damages, including medical expenses, lost income, and product losses, are properly documented.
Join the salmonella onion outbreak action today
Contact us for more information related to the onion recall lawsuit or to receive a free consultation by filling out the form below.
You can view the full list of recalled products by visiting the Canadian Government website.
Need more information
Contact Siskinds LLP to determine if you are part of the onion salmonella class action. Please email [email protected] or call us toll-free at 1.800.461.6166.
Developments
The action against Thomson International, Inc. was certified as a national class action by the Court of Queen's Bench of Alberta on April 30, 2021.
View the short form notification.
Viewthe long form notice of certification which contains important information, including time limits to opt-out of the action
Québec class action
On August 27, 2020, a similar class action was commenced in Quebec by Siskinds, Desmueles on behalf of Quebec residents exclusively. You can view a copy of the application for authorization to institute a class action (French only) by clicking here. The Quebec proceedings were stayed on August 29, 2021, pending the outcome of the national class action. You can view a copy of the Order to stay by clicking here.
FAQs
Do I have to pay anything to participate in the onion salmonella class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the contaminated onions class action?
You are affected by the class action and are a “member” of the class if you are you are a person in Canada who
- consumed Recalled Onions or Onion Products and suffered a physical illness or injury or died;
- purchased Recalled Onions or Onion Products and suffered an economic loss; or
- purchased unidentifiable onions or onion products on or after May 1, 2020 and disposed of such products, as a result of receiving notice of or communications regarding an alert issued by the Canadian Food Inspection Agency, the Public Health Agency of Canada, the U.S. Food and Drug Administration or the U.S. Centers for Disease Control and Prevention regarding the recall of onions or onion products due to possible Salmonella contamination and suffered an economic loss
Can I join the onion salmonella class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I opt-out of the class action?
Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of red onions or products that could have been in contact with and/or contain red onions produced by the defendant since May 1, 2020;
- Keep records of all medical treatments or expenses incurred as a result of Salmonella contamination from the consumption of recalled red onions or products containing recalled red onions;
- Register to receive updates about the class action by clicking the ‘Join’ button above and completing the form.
All personal information provided will remain private and confidential.
I still have questions. Who should I contact?
For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.
You may also contact our Quebec firm, Siskinds, Desmeules, by phone at 418.694.2009 or at the toll free number 1.877.735.3842 or by email at [email protected].
Documents
- Certification Order - April 30, 2021
- Certification Amendment and Notice Approval Order - June 29, 2021
- Amended Statement of Claim
- Notice of Certification (Short Form)
- Notice of Certification (Long Form)
- Application for authorization to institute a class action (Quebec) - August 27, 2020 (French only)
- Order to stay the Quebec class action - August 29, 2021