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Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, (2008) 238 O.A.C. 130 Mr. Mustapha suffered considerable trauma when replacing a used jug of water

Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, (2008) 238 O.A.C. 130

Mr. Mustapha suffered considerable trauma when replacing a used jug of water with a new one he discovered dead flies in his sealed jug of water. He had a particular sensitivity to this and suffered an unusual reaction. When he complained to the water producer they offered him a few free water bottles and the cleaning of his dispenser as settlement. He was offended and sued. Explain the basis of his complaint and the likely outcome. What do you think should be the remedy Mr. Mustapha should receive, if anything? How would it affect your answer to discover that Mr. Mustapha suffered an unusual reaction becoming argumentative and edgy, losing his sense of humour and could no longer drink bottled water?

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