3 days ago
Dorval woman wins $3,500 after allergic reaction to undisclosed peanuts
A woman won a small claims case after suffering a severe allergic reaction to a dish ordered through a food app that failed to disclose it contained peanuts.
A Dorval woman has been awarded more than $3,500 in small claims court after suffering an allergic reaction to a meal ordered through a food delivery app that failed to disclose the presence of peanuts.
The woman placed her order through Uber Eats, choosing a bhel puri puff rice dish from Spicebros, an Indian food chain with 12 locations in Quebec.
In the app, she specifically noted that she was allergic to peanuts. But when she began eating the dish at the Dorval Community Center, she immediately became ill.
A colleague called 911 and helped her with an epinephrine shot. The woman was transported to the Lakeshore Hospital, where she remained until her condition stabilized.
It turns out the preparation of the bhel puri dish includes a significant amount of peanuts—an ingredient that could have triggered the woman's reaction.
She later sued Spicebros for $15,000 in damages for pain and suffering.
In court documents, the representative for Spicebros argued that customers with allergies are expected to call the restaurant directly and not rely on third-party delivery platforms.
The judge dismissed that argument, ruling that the restaurant had a responsibility to warn customers about allergens in their food.
A company official confirmed to CTV News that the issue has since been addressed. Allergy warnings are now included on the restaurant's menus, and the official added that at the time of the incident, third-party apps didn't always highlight allergy information when transmitting orders—a problem that has also since been corrected.
Quebec's Ministry of Agriculture, Fisheries and Food requires restaurants to label products that contain allergens like peanuts, noting that for many people, the consequences can be life-threatening.
