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Disney Agrees to Court Hearing in Wrongful Death Lawsuit After Public Outcry

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Disney has decided to allow a wrongful death lawsuit to proceed to court after facing intense public backlash. The lawsuit was filed by Jeffrey Piccolo following the death of his wife, Dr. Kanokporn Tangsuan, who suffered a fatal allergic reaction after eating at a restaurant in Disney Springs. Disney had previously sought to have the case resolved through arbitration, arguing that Piccolo had signed up for a free trial of Disney+ in 2019, which included an arbitration clause.

The tragic incident occurred in October 2022 when Dr. Tangsuan, a physician at NYU Langone Hospital, dined at Raglan Road Irish Pub, a restaurant located at Disney Springs in Florida. According to Piccolo’s lawsuit, the restaurant staff “unequivocally assured” Dr. Tangsuan that her meal would be free of dairy and nut allergens, which she was severely allergic to. Despite these assurances, she experienced a fatal allergic reaction shortly after consuming the meal.

Dr. Tangsuan collapsed 45 minutes after eating, and although she administered her EpiPen, a life-saving device for allergic reactions, she was later pronounced dead at the hospital. The lawsuit claims that the cause of death was “anaphylaxis due to elevated levels of dairy and nut in her system.”

Piccolo filed the wrongful death lawsuit against both Disney and Raglan Road Irish Pub in February 2023, seeking damages exceeding US$50,000 (C$68,600) for suffering, loss of income, and medical costs. Disney initially responded by filing a motion to stay the case, arguing that Piccolo’s prior agreement to the Disney+ terms of use, which included an arbitration clause, should prevent the case from going to court.

The terms of use for Disney+ require users to waive their rights to any class-action lawsuits or jury trials, a clause that also applies when purchasing theme park tickets or creating accounts for other Disney-owned services like ESPN+. Disney’s move to enforce this clause in the wrongful death case sparked outrage, with critics accusing the company of prioritizing legal technicalities over accountability and compassion.

Amid mounting public pressure and widespread criticism, Disney reversed its position. Josh D’Amaro, a Disney representative, stated that while the company maintains its “right to arbitration,” they have decided to waive it in this instance. “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” D’Amaro said in a statement.

Piccolo’s lawsuit alleges that the staff at Raglan Road Irish Pub were negligent and inadequately trained to handle severe food allergies. The restaurant, which is advertised as being able to accommodate special dietary requests, failed to properly identify allergen-free dishes, according to the lawsuit. Despite repeated assurances from the servers, Dr. Tangsuan’s meal was not safe, leading to her fatal reaction.

Although Raglan Road Irish Pub is located on Disney property, it is operated by an independent company. Disney has argued that it has no control over the pub’s operations or management and should not be held liable. However, the lawsuit includes Disney as a defendant, given its association with the restaurant.

A hearing for the case has been scheduled for October 2023. As the lawsuit proceeds, it raises significant concerns about food safety in restaurants, especially those that claim to cater to individuals with severe food allergies. The case also highlights the complexities of arbitration agreements and their implications for consumer rights in legal disputes.

This case underscores the ongoing issue of food allergies, which affect millions of people worldwide. In Canada alone, more than three million people have self-reported at least one food allergy, with one in two Canadian households being affected. There is currently no cure for food allergies, making proper handling and clear communication in restaurants a matter of life and death.

As the legal proceedings continue, the outcome could have far-reaching implications for how businesses handle food allergies and the enforceability of arbitration clauses in cases involving severe harm or death.

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Canada’s Denis Shapovalov wins Belgrade Open for his second ATP Tour title

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BELGRADE, Serbia – Canada’s Denis Shapovalov is back in the winner’s circle.

The 25-year-old Shapovalov beat Serbia’s Hamad Medjedovic 6-4, 6-4 in the Belgrade Open final on Saturday.

It’s Shapovalov’s second ATP Tour title after winning the Stockholm Open in 2019. He is the first Canadian to win an ATP Tour-level title this season.

His last appearance in a tournament final was in Vienna in 2022.

Shapovalov missed the second half of last season due to injury and spent most of this year regaining his best level of play.

He came through qualifying in Belgrade and dropped just one set on his way to winning the trophy.

Shapovalov’s best results this season were at ATP 500 events in Washington and Basel, where he reached the quarterfinals.

Medjedovic was playing in his first-ever ATP Tour final.

The 21-year-old, who won the Next Gen ATP Finals presented by PIF title last year, ends 2024 holding a 9-8 tour-level record on the season.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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Talks to resume in B.C. port dispute in bid to end multi-day lockout

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VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.

The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.

The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.

The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.

The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.

MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.

In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.

“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.

“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”

In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.

“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.

The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.

“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”

The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.

The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.

A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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The Royal Canadian Legion turns to Amazon for annual poppy campaign boost

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The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.

Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.

Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.

Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.

“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.

“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”

Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.

“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.

Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.

“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”

But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.

Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.

“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.

Paddon said the initiative is a great idea, but she would like to have known more about it.

The legion also sells a larger collection of items at poppystore.ca.

This report by The Canadian Press was first published Nov. 9, 2024.

The Canadian Press. All rights reserved.



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