The family of a Toronto mother and son who died after getting food poisoning during their stay at a Dominican Republic resort are now suing a hotel and travel company, alleging they were negligent in their health and safety protocols and failed to provide timely medical help.
April and Stephen Gougeon and their two young sons, Oliver and Wesley, travelled in December 2023 to the Viva Dominicus Beach by Wyndham resort for an all-inclusive vacation, says a statement of claim filed this week in Ontario Superior Court.
Just hours after they checked in and ate dinner at the buffet, all four became severely ill, but the family’s initial request for medical assistance in their room was rebuffed, the court document alleges.
The family was eventually taken to a local hospital, where 41-year-old April Gougeon and eight-year-old Oliver died. A coroner’s report in the Dominican Republic concluded they died from “secondary causes related to food poisoning,” according to the statement of claim.
Stephen Gougeon and their other son Wesley were treated at the hospital for two days before returning to Canada, it says.
“Stephen and April planned this trip. They went through reputable companies, and it never crossed their mind that this would be how their vacation would start,” Meghan Hull Jacquin, the lawyer representing the family, said in a phone interview Tuesday.
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“This family was failed on so many fronts.”
The family’s lawsuit makes several allegations against the resort, Wyndham Hotel Canada II Inc., Air Transat Holidays and the clinic providing medical services at the resort.
Among them are claims the defendants were negligent in handling and preparing food, including serving contaminated food and not following hygiene protocols. It also claims staff were not properly trained on food safety practices.
The statement of claim also alleges the defendants “failed to provide a timely response to the family’s call for help” and had “dismissed or downplayed initial complaints or signs of distress” from the Gougeons.
The allegations have not been tested in court.
A spokesperson for Air Transat said the company is “deeply saddened” by the deaths of April and Oliver. The company denied the claims in the lawsuit, adding it chooses its suppliers “with great care” and the hotel operator has assured Air Transat of “its full co-operation” with authorities.
“In such cases, we act with diligence, prudence, and compassion, making every effort to assist our clients,” Marie-Christine Pouliot said in an emailed statement.
“We refute the allegations made against us.”
Wyndham Hotels and Resorts acknowledged a request from The Canadian Press on Tuesday but did not immediately provide comment.
Stephen Gougeon said in a news release Monday that his family would “give anything” to have his wife and son back.
“Flying back home without April and Oliver sitting beside as they had done just days earlier is indescribable,” he said in the statement. “The thought that something like this could happen was the furthest thing from our minds.”
The family’s lawyer said they decided to speak out about the deaths in the hopes of preventing another family from experiencing the same pain.
“It’s about informing the public so that they’re not naive in making these plans to go outside of Canada on these trips – it’s to shine light on the deficiencies and the services that were provided to them,” Hull Jacquin said.
“Stephen does want people to be aware that this happened to them, and it can happen to another happy, healthy family unless something is done to change those standards.”
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