Thursday, May 22, 2008

A Fly in the Ointment

The Supreme Court of Canada unanimously ruled today to dismiss Martin Mustapha's appeal.

Back in 2005, Mustapha sued Culligan of Canada Ltd. and was awarded damages in the amount of $341,000. The basis for his lawsuit? He found a dead fly (and part of a second fly) in a large bottle of water that Culligan delivered to his house.

Now, Mustapha was not awarded over $300K just because of the presence of insects in his water bottle. No, he was originally awarded the settlement because his response to those tragic circumstances was insomnia and depression. Oh yeah, his business and sex life were also adversely affected.

Today's SCC ruling not only quashed the original ruling, but Mustapha has been ordered to pay Culligan's legal bills. Although the case seems a bit silly, it does establish rules for "reasonableness" that should result in fewer frivolous lawsuits in the future.

Unfortunately, it also means an end to Retirement Plan # 3. I guess it is back to the old drawing board.

No comments: