Bistro Le Tapageur in downtown Sherbrooke and Simon-Pierre Canuel, who is pursuing the establishment after having made an allergic reaction last year, have agreed to hire common experts on the matter.
Upon returning the case to the Superior Court recently, the lawyers on file filed a joint warrant to retain experts in allergology, cardiology and psychiatry.
In May 2016, Simon-Pierre Canuel made a serious reaction after being served a salmon tartare while he is allergic to this food. Canuel took a civil action against the restaurant in downtown Sherbrooke, its directors and the waiter who claims more than half a million dollars.
The victim argues in the lawsuit that he suffered many consequences of anaphylactic shock after swallowing a bite of salmon tartare to which he is allergic.
Respiratory problems, cardiac arrest, coma of two days, intubation to allow ventilation of the lungs and hospitalization for two weeks in intensive care are described as consequences in the introductory application.
The experts who will be selected will have to submit a single written report in which they will answer questions raised by both parties.
In particular, the expert in allergology must determine the known allergies of Mr Canuel at the time of the alleged events on 29 May 2016 and whether he had already suffered allergic reactions before that date. The expert will need to determine whether a seafood allergy includes fish allergy and whether such an allergy necessarily includes a salmon allergy. It will also determine which allergen caused the reaction suffered by Simon-Pierre Canuel and if the use of Epipen could have avoided the allergic reaction. The expert will also need to address the possibility that cardiac arrest on May 30 may have been caused by another allergen.
The expert in cardiology will have to determine whether any previous allergic reactions have left temporary or permanent physiological sequelae and if the events of May 29 cause him to suffer a permanent partial disability related to his cardiac condition Due to events on May 29, 2016. The expert will have to determine whether Simon-Pierre Canuel’s life expectancy is reduced or whether he has physical limitations due to the allergic reaction on May 29, 2016 or earlier. This expert will also have to consider the possibility that the Epipen could have prevented cardiorespiratory arrest.
The psychiatric expert will have to look into the applicant’s psychological or psychiatric condition before and after the events of May 29, 2016, and whether he has any limitations in this regard as a result of the events.
The Civil Prosecution case will return in March 2018.
The Director of Criminal and Penal Prosecutions had decided in September 2016 not to lay a criminal negligence charge against the server at the Tapageur de Sherbrooke, which was targeted in a police investigation.