A Regina judge has approved a class action lawsuit launched after a deadly listeria outbreak last summer at Maple Leaf Foods, moving the case a step closer to completion.
The $25 million settlement has already been approved in Ontario and was scheduled to go before the Quebec Superior Court March 20.
Queen’s Bench justice Ron Barclay commended Maple Leaf for “taking the high road” and agreeing to the settlement.
“It has made a huge difference in this settlement process,” he said.
Tony Merchant, the Regina lawyer representing about 4,400 of about 5,000 plaintiffs, called the settlement fair and generous.
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“It’s rare that counsel are able to say that everything that could have been obtained for the class has been obtained, but that’s the case here,” he said.
The suit was launched after at least 20 people died and thousands more fell ill after eating processed meat contaminated with listeria monocytogenes. The outbreak occurred at Maple Leaf’s Bartor Road facility in Toronto and led to the largest meat recall in Canadian history.
The settlement includes $750 for claimants who experienced milder symptoms and up to $125,000 for those with more serious or long-lasting injury.
Merchant said the families of those who died will receive an average of $200,000.
At least one person will receive about $1 million, due to wage loss and loss of capacity to earn, he said.
“Overall, category after category, the compensation is extremely generous,” he said.
Maple Leaf lawyer Robert Leurer said the settlement was fair and reasonable.
“The company is quite pleased the settlement has been approved,” he said. “It’s been settled to the satisfaction of the parties.”
The Saskatchewan judgment applies throughout Canada except Ontario and Quebec, as well as for plaintiffs from outside the country.
Merchant said that, assuming the Quebec court also approves the settlement, people should be able to apply by the end of March and start to receive payments in April and May.
“The great benefit of the work that’s been done is that we’re finding a way to have people compensated quickly,” he said.
He added that money never makes a difference for those who suffered.
“It’s just a way for society to recognize that there’s been wrongdoing.”
Since the outbreak Maple Leaf has implemented changes at its facilities and hired a chief food safety officer, Dr. Randy Huffman.
Huffman said the company has developed an aggressive program to find the problem and fix it.
He told a recent conference call with reporters that the company is looking at new technology, particularly the use of sodium acetate or sodium diacetate to prevent the growth of listeria. Another process involves the use of intense high-pressure water baths on packages of finished product.
The Canadian Food Inspection Agency has implemented new requirements in processing plants as well. It focuses on early detection, reporting and control of listeria risks.
Huffman said Maple Leaf is reviewing the policy and seeking clarification on some points.
He called it an excellent first step.
