28 guests seek damages from Whitby spa after experiencing ear, skin infections

Dozens of guests are seeking damages from a Whitby spa after they began experiencing serious health problems like ear and skin infections after visiting the facility.

Lawyer Justin Linden says notice of the lawsuit has been issued to Thermëa Spa Village, and the group intends to issue a legal claim in the coming weeks. Linden says he has spoken to 45 people who experienced similar symptoms after attending the Whitby spa. So far, 28 people have signed on to the lawsuit.

He says his clients have experienced skin outbreaks, ear infections, hearing loss and other symptoms, and some are still suffering weeks later.

“Many of them have been on multiple courses of antibiotics, and the organism has been resistant to them,” Linden tells CityNews.

“Some have seen improvement; others have not. The infections have been pretty severe. They have had a tough run at it. They all either paid for or benefitted from the gift of going there for a health experience. What they got was a sick and ill experience.”

Linden notes that there were severe issues with the inspection and maintenance of the pools before the spa’s opening on Oct. 6. They have notified Thermëa Spa Village about their intention to bring a lawsuit.

“You would think in the age we’re in when health and safety was front and centre, this spa would have made abundant efforts to ensure it was safe to their customers and communicate problems immediately.”

Two legal notices dated Oct. 21 and 26 advised the spa’s CEO, Martin Paquette, that several clients intend to advance a civil action to “recover damages arising from their exposure to contaminants at the spa.” Photo: Groupe Nordik.

The spa says local public health informed them on Oct. 14 that pseudomonas and staphylococcus, or staph, bacteria were detected in a saltwater pool. All pools on site have subsequently been closed.

Nicole Warren is one of the dozens of guests seeking damages from the Whitby-based spa.

More than two weeks after her visit, Warren said she is still seeking treatment for a rash that has covered most of her body and made it painful to sleep, sit or wear clothing. While the rash has become less painful, she is now concerned about the possibility of permanent scarring.

“I want them to be held responsible,” she told The Canadian Press.

Groupe Nordik, which runs the spa, did not immediately respond to a request for comment, but the spa addressed the situation in an Oct. 20 social media post. In a lengthy statement, Groupe Nordik CEO Martin Pacquette said the team “took immediate action” and closed the pool.

“Although all our other pools were safe, we have proactively decided to close them so that we could effectively do a full audit of our installations,” Pacquette said last week.

“Over the last few days, we have gotten to know some of you who have experienced staph infection symptoms. We are devastated to hear that this has been your experience of our village. Please be assured that we took every step we could to ensure that the pool was fully inspected, approved and certified by public health authorities and regularly tested and staffed by experts.”

Warren visited the spa for a friend’s birthday on Oct. 9, three days after it officially opened. The next evening, she noticed a rash that looked like small bites all over her body, prompting her to panic and search for possible causes before consulting her doctor.

“I was just spiralling because I didn’t know what it was, and then as the days went on, it was getting worse,” she said.

Thermëa Spa Village can accommodate 700 people. Groupe Nordik plans to develop ten spas across North America by 2027.

With files from Holly McKenzie-Sutter of The Canadian Press and Fil Martino of CityNews