Lawsuit filed over allegations Fort Mac Walmart sold bad food after fire

A proposed multimillion-dollar class-action lawsuit has been filed against Walmart Canada stemming from allegations the chain sold potentially contaminated food after the Fort McMurray wildfire.

Calgary-based law firm Higgerty Law said Friday it filed the suit at Court of Queen’s Bench in Edmonton on Feb. 3.

Alberta Health Services charged Walmart last month with 174 violations of the province’s Public Health Act. Some of the charges include failing to dispose of food items, including candy, potato chips, beans and condiments.

The health authority said food exposed to wildfires can be damaged by unsafe temperatures, smoke, ash, soot, fire retardants, water and loss of power.

None of the accusations has been proven in court.

“Our clients are concerned that their families’ health may have been compromised,” lawyer Patrick Higgerty said in a release.

“While the full scope of the health impact on the affected families is not yet known, we will be seeking damages to compensate everyone affected.”

The claim is seeking $10 million in damages for anyone who was not refunded for food that had to be thrown out — whether or not it was contaminated — as well as anyone who got sick.

The suit also seeks special and punitive damages and health-care costs.

“The action relates to the negligent and irresponsible sale and provision of consumer goods to consumers from (Walmart’s) Fort McMurray location ... which were unfit for human use or consumption following the Fort McMurray wildfires in May 2016, due to smoke and toxin contamination,” the statement of claim reads.

Walmart Canada did not immediately return a request for comment Friday.

But after the AHS charges were laid in January, the company’s senior director of corporate affairs said the retailer follows strict policies designed to ensure food safety.

“We, at all material times, and during an unprecedented crisis, worked very closely with both food inspectors and the crisis management team of the Regional Municipality of Wood Buffalo to reopen the store as soon as reasonably possible in an effort to support and meet the critical needs of the community,” Alex Roberton said in an email.