Updating our Apr. 26, 2005 entry, from Canada: “A Windsor, Ont., man lost out on a $341,775 court judgment yesterday, when the Ontario Court of Appeal ruled that a bottling company should not have been held liable for triggering a phobia of flies that altered his personality and killed his sex life.” No one in the Mustapha family consumed the fly, or any of the water that had come into contact with it, but Waddah (Martin) Mustapha said the unsettling sight had precipitated a disabling psychological aversion. The Ontario court — applying Canada’s costs-follow-the-event principle — assessed $30,000 in costs against Mustapha. (Kirk Makin, “Appeal court rules against man haunted by fly in water bottle”, Globe and Mail, Dec. 16; opinion in Mustapha and Culligan of Canada (PDF)). More: Supreme Court of Canada rules against Mustapha (May 23, 2008)
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[…] Martin Mustapha of Windsor, Ont. had won $340,000 over the fly for emotional distress and phobic reaction, though neither he nor any family member had come in contact with the water in question, since they spotted the insect before opening the bottle. Now the Supreme Court of Canada has refused to disturb an appeals court’s reversal of the award, and has ordered that Mustapha pay the water company’s legal costs. (”SCC quashes man’s suit over fly in bottled water”, CTV, May 22; earlier here and here). […]
[…] Thompson, “Man wins $340,000 in bottled fly lawsuit”, Windsor Star, Apr. 23). Update Feb. 17, 2007: appeals court reverses judgment and awards $30K in costs to defendant Culligan; May 23, 2008: […]