Lawsuit claims Toronto mother, son died of food poisoning in Dominican

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A Canadian man whose wife and eight-year-old son died after contracting food poisoning at a Dominican Republic resort during Christmas of 2023 is now suing the destination and its travel company partners for $10 million in damages.

A statement of claim was filed in Toronto Superior Court Monday on behalf of Stephen Gougeon and other family members, alleging negligence on the part of Wyndham Hotels and Resorts and Air Transat subsidiaries which led to the deaths of April and Oliver Gougeon on Dec. 29, 2023.

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Also named in the suit is Clinica Canela, a third-party on-site medical clinic provider at Viva Dominicus Beach by Wyndham in La Romana, the all-inclusive where they got sick.

“Flying back home without April and Oliver sitting beside as they had done just days earlier is indescribable,” the widowed single father said in a statement issued by the law firm Howie, Sacks & Henry in Toronto.

Severe food poisoning treated too late to save mother and son

The parents, Oliver and their younger son, Wesley, whose age was not immediately available, travelled to the Caribbean country shortly after Christmas Day for a week-long vacation.

Lawyers said the Gougeon’s specifically chose Wyndham and Air Transat thinking their high profile in the travel sector would equate to “high health and safety standards.”

But within hours of arriving at the beachside resort on Dec. 28, all four family members fell severely ill — “nauseous and vomiting,” per the claim supplied by their lawyer, Megan Hull Jacquin — following a buffet meal.

When Stephen called for help in the morning, he claims the Clinica Canela personnel instructed the family to come to them.

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“Despite communicating the urgency of the request and the inability of the Gougeon family to go to the clinic unassisted given their conditions, he was told that it was policy for the medical personnel to stay at the clinic.”

He alleges that, by the time staff responded to a subsequent call that afternoon, the whole family needed to be ferried to the clinic in wheelchairs.

“When they finally responded after our further plea, there appeared to be confusion about how to handle the situation,” Stephen stated.

April and Oliver were first to go by ambulance to the local hospital, and both “were experiencing breathing difficulties” upon arrival.

Doctors gave the boy oxygen and a sedative, per the statement of claim, but he then “suffered cardiac arrest” and died.

April, meanwhile, fell unconscious after being placed on a ventilator, and died shortly after.

A coroner’s report later concluded both had succumbed to “secondary causes related to food poisoning.”

“These delays cost precious time that could have been used to treat our illness,” said Stephen, who spent two days being treated in hospital alongside Wesley before they returned to Canada on New Year’s Eve.

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“And in the end, it cost my wife and my son their lives.”

“We planned this trip so our family could get some rest and relaxation. The thought that something like this could happen was the furthest thing from our minds.”

Air Transat refutes claims, said it supported the Gougeon family

At the resort, which has above-average ratings on most major travel sites, the plaintiffs allege an extensive list of poor sanitary conditions including improper handling and storage, serving undercooked and spoiled food, and allowing “pests (e.g., rodents, insects) to infest the kitchen or food storage areas.”

The claim also alleges a lack of “timely response to the family’s call for help,” staff poorly trained for such emergencies, and over two dozen other allegations relating to the defendants’ medical emergency response, protocols and environment.

Jacquin called the alleged failures shocking, and explained why the family chose to take action more than a year after their tragedy.

“The Gougeons are taking action against the companies … not only to get answers and realize a sense of justice for themselves, but to shine a light on these events, effect change in the failed processes and procedures and ideally protect other vacationers from having to experience anything similar,” she said.

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“If we are able to compel these companies to answer to their failings, maybe we will save other families from knowing the pain we felt and still feel every day,” added Stephen, joined by Wesley, April’s parents Shirley and Keith Stoker, and her brothers Adam and Matthew Stoker, as plaintiffs.

The defendants are Wyndham Hotel Canada II. Inc. and its Viva Dominicus Beach property, along with Air Transat Holidays A.T. Inc. and Transat Tours Canada Inc.

A spokesperson for Air Transat said the company remains “deeply saddened” by the pair’s passing, “but we refute the allegations made against us.”

“At the time of these events, we supported the Gougeon family,” the spokesperson wrote to the National Post via email.

“In such cases, we act with diligence, prudence, and compassion, making every effort to assist our clients. Moreover, we choose our suppliers with great care and the hotel operator has assured us of its full cooperation with the authorities in shedding light on these tragic deaths.”

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Considering the legal action, the company is not providing more comments or information, but it continues to offer condolences to the bereaved.

The National Post has also contacted Wyndham Hotels and Resorts for comment.

Family treasuring the memory of April and Oliver Gougeon

In April and Oliver’s shared obituary, the family described the mother of two as a “nurturing spirit” with a “gentle and kind manner,” always first to help others in their time of need.

A lawyer by trade, at the time of her death April was working with the Toronto law firm Fogler, Rubinoff as an associate in its privacy and data protection group, per Canadian Lawyer. Prior to that, she was a senior advisor and senior strategic policy and research analyst at the Office of the Privacy Commissioner of Canada (OPC).

Little Oliver — Ollie to his loved ones — “was a sensitive spirit with a kind heart and an amazing talent for art” who enjoyed many friends in his short life and was “an amazing big brother and best friend with Wesley.”

Family celebrated their shared qualities and the impact they had on others.

“The amazing memories that they have left for all their family and friends are now truly treasures.”

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