- Feb 26, 2015
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Quebec waiter arrested after seafood puts allergic customer in coma
Police considering laying criminal negligence charge
Simon-Pierre Canuel says he was in a coma for several days and 'almost died' after being served salmon by a waiter who was aware of his allergy.
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Seafood allergy mixup highlights need for professional restaurant staff, Joe Beef chef says
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A waiter at a Sherbrooke, Que., restaurant was arrested Wednesday for serving salmon to a highly allergic customer in a case one expert says could be a Canadian first.
Simon-Pierre Canuel, a resident of Gatineau, Que., filed a formal complaint against the server at Le Tapageur restaurant after he says he nearly died from his meal.
The waiter could be charged with criminal negligence.
More on this story:
A waiter's mistake endangers a customer's life. Is that a crime?
Seafood allergy mixup highlights need for professional restaurant staff, Joe Beef chef says
According to the complaint, on May 29, Canuel ordered a beef tartare and alerted the waiter that he was allergic to salmon and seafood, said Sherbrooke police Const. Martin Carrier.
"At the time of the order, the waiter took no notes and never went to the kitchen to talk with staff," Carrier said.
When the meal arrived, an unsuspecting Canuel took a bite of his food.
'I'm still afraid at times that I'll fall asleep and never wake up. I have anxiety attacks. There are times when I have heart palpitations, sweating attacks, etc.'
- Simon-Pierre Canuel
"With the dim lighting, it's not easy to tell the difference between two dishes, especially if they use mayonnaise. It can be confusing," Canuel said.
He soon realized he wasn't eating beef and informed his partner, who is a resident doctor.
"He confirmed that it was salmon and he said we had to go to hospital. We told the waiter, who apologized, saying he would bring me beef," Canuel recalled.
"That's when I started going into anaphylactic shock and having difficulty breathing."
Canuel had left his EpiPen in his car.
He was hospitalized at the intensive care unit of the Centre hospitalier universitaire de Sherbrooke, where he was treated for a severe allergic reaction.
He says he also suffered a cardiac arrest the following day and was in a coma for several days.
"I almost died," he said.
Prison sentence unlikely
Canuel filed a formal complaint with Sherbrooke police on July 21.
Police met with witnesses before arresting the waiter, a 22-year-old man, this week.
He was released with a promise to appear in court at a later date.
Canuel alleged the waiter didn't inform the cooks of the allergy and instead was chatting, laughing and drinking alcohol with other guests.
Though it will be up to Quebec's director of criminal and penal prosecutions to decide whether charges will be laid, Carrier says the circumstances meet the conditions for a criminal negligence charge.
Criminal lawyer Simon Roy says a potential criminal negligence case against a waiter would be a first in Canada.
Simon Roy, a law professor at the University of Sherbrooke, agrees, and says a conviction for criminal negligence could result in anything from a fine to life in prison.
But based on similar cases, he added, the waiter is unlikely to get a prison sentence.
Police considering laying criminal negligence charge
Simon-Pierre Canuel says he was in a coma for several days and 'almost died' after being served salmon by a waiter who was aware of his allergy.
Criminal negligence hard to prove in case of waiter who served fish to allergic man, expert says
Seafood allergy mixup highlights need for professional restaurant staff, Joe Beef chef says
Food allergy risk poorly grasped in restaurants
Should allergy-friendly food at restaurants cost more?
Near-fatal allergic reaction caused by Starbucks dessert
Hamilton mall to be first in Canada to have public EpiPens
A waiter at a Sherbrooke, Que., restaurant was arrested Wednesday for serving salmon to a highly allergic customer in a case one expert says could be a Canadian first.
Simon-Pierre Canuel, a resident of Gatineau, Que., filed a formal complaint against the server at Le Tapageur restaurant after he says he nearly died from his meal.
The waiter could be charged with criminal negligence.
A waiter's mistake endangers a customer's life. Is that a crime?
Seafood allergy mixup highlights need for professional restaurant staff, Joe Beef chef says
According to the complaint, on May 29, Canuel ordered a beef tartare and alerted the waiter that he was allergic to salmon and seafood, said Sherbrooke police Const. Martin Carrier.
"At the time of the order, the waiter took no notes and never went to the kitchen to talk with staff," Carrier said.
When the meal arrived, an unsuspecting Canuel took a bite of his food.
'I'm still afraid at times that I'll fall asleep and never wake up. I have anxiety attacks. There are times when I have heart palpitations, sweating attacks, etc.'
- Simon-Pierre Canuel
"With the dim lighting, it's not easy to tell the difference between two dishes, especially if they use mayonnaise. It can be confusing," Canuel said.
He soon realized he wasn't eating beef and informed his partner, who is a resident doctor.
"He confirmed that it was salmon and he said we had to go to hospital. We told the waiter, who apologized, saying he would bring me beef," Canuel recalled.
"That's when I started going into anaphylactic shock and having difficulty breathing."
Canuel had left his EpiPen in his car.
He was hospitalized at the intensive care unit of the Centre hospitalier universitaire de Sherbrooke, where he was treated for a severe allergic reaction.
He says he also suffered a cardiac arrest the following day and was in a coma for several days.
"I almost died," he said.
Prison sentence unlikely
Canuel filed a formal complaint with Sherbrooke police on July 21.
Police met with witnesses before arresting the waiter, a 22-year-old man, this week.
He was released with a promise to appear in court at a later date.
Canuel alleged the waiter didn't inform the cooks of the allergy and instead was chatting, laughing and drinking alcohol with other guests.
Though it will be up to Quebec's director of criminal and penal prosecutions to decide whether charges will be laid, Carrier says the circumstances meet the conditions for a criminal negligence charge.
Criminal lawyer Simon Roy says a potential criminal negligence case against a waiter would be a first in Canada.
Simon Roy, a law professor at the University of Sherbrooke, agrees, and says a conviction for criminal negligence could result in anything from a fine to life in prison.
But based on similar cases, he added, the waiter is unlikely to get a prison sentence.
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