$24,000 damages for Edmonton lawyer bitten by bed bugs at Fairmont’s Chateau Lake Louise
Fairmont Hotels must pay an Edmonton lawyer $24,000 in damages after a judge found it liable for bed bug bites suffered at the company’s iconic Chateau Lake Louise.
The company defended Omar Abdulhak’s claim under the Alberta Occupiers’ Liability Act, alleging the spots he found on his body were not bed bug bites.
However, Alberta Provincial Court Justice Sandra Corbett sided with the lawyer, a parter at civil litigation boutique Hajduk LLP, awarding him $15,000 in general damages for physical and psychological injuries, plus a further $8,875 in special damages, which included lost income for the time he took off work during his recovery.
According to the decision, Abdulhak checked into the Chateau Lake Louise on May 4, 2019 for a weekend work conference. When he woke up the next morning, he told the court found a number of spots on his stomach, chest neck and face which he itched all day, including some that became painful.
On the way home, his work colleague suggested the issue could be bed bugs, a diagnosis his family doctor agreed with after examining the spots.
After phoning the hotel to let them know his concerns, the decision says a representative called Abdulhak to let him know that a bed bug inspection for his room had come back negative. Meanwhile, none of the guests who stayed in the room over the next 10 days complained about bed bugs.
A dermatologist retained by the hotel testified that he would have diagnosed Abdulhak with folliculitis, more likely caused by infection or irritation than bed bugs. However, Justice Corbett noted that the expert’s description of bed bug bites was consistent with the marks found by his family doctor.
“In my view, Omar has established that it is more probable than not that the spots that he discovered after sleeping in the CLL’s hotel room were bed bug bites. I find, on a balance of probabilities, that Omar was bitten by bed bugs while staying at the CLL,” she concluded.
According to the ruling, the hotel claimed to have had just 11 confirmed bed bug instances between 2017 and 2019. A representative explained that bed bugs are a “reality of the hospitality industry,” and that Chateau Lake Louise has a standard operating procedure (SOP) in place to address the issue. However, the judge found that the SOP fell short.
“The Bed Bug SOP failed to adequately instruct the CLL’s staff to look for signs of bed bug activity, and the required regular random inspections were of insufficient frequency to guard against the foreseeable risk of bed bugs. This was not reasonable,” Justice Corbett wrote. “Further, the evidence before me was that the CLL failed to implement its existing Bed Bug SOP by adequately training its staff in bed bug identification, and in how to look for signs of bed bug activity. Finally, the CLL failed to adhere to its Bed Bug SOP as it conducted absolutely no random regular bed bug inspections. I find that the CLL is liable for the harm occasioned to Omar as a result of his stay at the CLL in May, 2019.”
When it came to damages, Abdulhak physical ailments, including itching, pain and discomfort from the bites, lasted for three months after his stay at the hotel.
According to the ruling, the psychological impact lasted much longer for the lawyer, who testified that he would wake in the night with nightmares for months after, as well as ongoing paranoia and anxiety that the spots would return. The symptoms eventually dissipated around 10 months after his stay at the Chateau Lake Louise, with the help of several treatment sessions and self-help tools provided by a cognitive behavioural therapist.
“When adjudicating claims of mental injury, the focus should be on the claimant’s symptoms and their effects. Mental injury is not proven by ‘mere psychological upset.’ Claimants must show a ‘serious and prolonged’ disturbance beyond ‘ordinary annoyances, anxieties and fears.’ I find that Omar has established that his psychological injuries disrupted his ability to work, his social relationships, his routine activities and his sense of well-being in terms of his confidence and self-esteem. I find that Omar’s symptoms and their effects ‘transcended ordinary emotional upset or distress,” Justice Corbett concluded.
Counsel for neither party responded to a request for comment.
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