Stan­hope set­tle­ment

The Guardian (Charlottetown) - - FRONT PAGE - BY JIM DAY THE GUARDIAN

Supreme Court ap­proves a $400,000 set­tle­ment for vic­tims of norovirus at Stan­hope Beach Re­sort.

The Supreme Court of P.E.I. has ap­proved a $400,000 set­tle­ment reached for the peo­ple who be­came sick with norovirus at Stan­hope Beach Re­sort three years ago.

The court or­ders pay­ments of $4,000 and $2,000 re­spec­tively be made to Deb­o­rah Basco and Chris­tine Mac­Don­ald, the per­sons named as rep­re­sen­ta­tive plain­tiffs in the law­suit.

Other el­i­gi­ble claimants have 90 days from the no­tice of set­tle­ment ap­proval to ap­ply for pay­ment from the $400,000 set­tle­ment fund. The court ap­proved le­gal fees and dis­burse­ments of $95,500 for Ches Cros­bie Bar­ris­ters, re­duc­ing the fund to roughly $300,000.

A class-ac­tion law­suit for $5 mil­lion was filed in 2012 by Hal­i­fax per­sonal in­jury law firm Wag­n­ers. Ches Cros­bie Bar­ris­ters, a New­found­land law firm, later took on the class ac­tion suit.

The firm is­sued a class ac­tion no­tice of the pro­posed set­tle­ment, not­ing it ap­plies to all per­sons who at­tended the Stan­hope Beach Re­sort as overnight guests, pa­trons of its food and bev­er­age ser­vices and/or as at­ten­dees of wed­ding re­cep­tions be­tween Aug. 17, 2012 and Sept. 4, 2012.

The law­suit al­leged that the de­fen­dant was neg­li­gent and in breach of con­tract in ex­pos­ing class mem­bers to norovirus at the Stan­hope Beach Re­sort.

The de­fen­dant de­nies the plain­tiff ’s al­le­ga­tions and de­nies any wrong­do­ing or li­a­bil­ity.

The court has not taken any po­si­tion as to the truth or mer­its of the claims or de­fences as­serted by ei­ther side.

The al­le­ga­tions made by the plain­tiff have not been proven in court.

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