Winnipeg resident files lawsuit against Tim Hortons, claiming that tea with cream resulted in hospitalization.

A legal action has been initiated by Gabrielle Lien Ho, a 25-year-old resident of Winnipeg, against Tim Hortons. Ho asserts that a staff error, wherein cream was added instead of almond milk to her tea, led to a severe allergic reaction, causing her heart to stop for several minutes.

The lawsuit, filed last week, targets Tim Hortons, Restaurant Brands International (the parent company of Tim Hortons), and the operator of the Winnipeg location Ho visited. According to the statement of claim, the defendants are accused of neglecting proper training for employees in managing drink requests involving modifications or substitutions.

The legal filing additionally contends that Tim Hortons neglected to inform Ho about the potential risks associated with ordering through the app, and the staff at the location failed to adequately verify the order.

The document asserts that Ho’s injuries stemmed from the erroneous addition of cream to her tea instead of almond milk. None of these allegations have been substantiated in court, and neither of the implicated companies has submitted statements of defense.

In response to an email inquiry on Tuesday, Tim Hortons stated it cannot comment on the case due to its pending status in the courts. However, the company emphasized its commitment to taking allergies seriously.

According to the legal action, on the morning of June 9, Ho utilized the Tim Hortons mobile app to order a tea, opting for almond milk instead of the regular dairy option.

The claim asserts that at that moment, the app lacked a feature to include specific instructions, such as an allergy warning. Ho contends that she collected the beverage from the Tim Hortons at Kildonan Place mall before proceeding to her work shift at a clothing store within the same mall.

“After taking just one sip of her tea, the plaintiff, who has a diagnosed milk protein allergy, immediately began suffering from an allergic reaction,”

Following the incident, Ho contacted her mother, who assisted her in administering an EpiPen. Subsequently, a colleague drove her to the nearest hospital.

During the journey to the hospital, Ho’s health worsened, as per the statement of claim. It details that she experienced periods of unconsciousness and was unable to independently enter the hospital upon arrival.

As per the allegations outlined in the claim, she was transferred to an intensive care unit in a different hospital, where she remained until June 12th.

Ho is filing a lawsuit seeking compensation for general damages related to pain, suffering, and mental distress. Additionally, she is pursuing claims for past and future loss of income, future costs of care, and establishing a trust on behalf of her mother, who had to take time off work to care for Ho.

According to the statement of claim, after her hospitalization, Ho experienced symptoms including an acute, severe headache, vision loss, and a tingling or burning sensation along with weakness on her left side. The lawsuit mentions that an MRI revealed indications of a condition that can manifest after the brain has endured a period of oxygen deprivation.

Jason Harvey, representing Ho, emphasized that Tim Hortons should implement modifications to its app to prevent a recurrence of the situation that befell his client.

“Where an online application sells a product meant to be ingested, it should be expected that it provides an opportunity for consumers to advise of any allergy concerns in order to ensure the safety of all consumers,” he said in an email.