What should have been a memorable family vacation in the Dominican Republic turned into a tragedy that left a Toronto mom and her son dead.

A year after the deaths of April Gougeon, 41, and her son, Oliver, 8, a civil lawsuit filed by their family alleges they died from food poisoning while on vacation at an all-inclusive resort.

Toronto-based law firm Howie, Sacks & Henry LLP has filed a Statement of Claim in the Toronto Superior Court on behalf of the Gougeon family against Wyndham Hotel Canada II Inc., Air Transat Holidays A.T. Inc., Transat Tours Canada Inc., Viva Dominicus Beach by Wyndham, and Clinica Canela.

A family vacation turns into a nightmare

According to the lawsuit, April and her husband, Stephen Gougeon, had purchased tickets through Air Transat and Transat Tours Canada Inc. for an all-inclusive vacation at Viva Dominicus Beach by Wyndham Resort in La Romana, Dominican Republic.

The couple and their sons Oliver and Wesley planned to spend the New Year break at the resort from December 28, 2023, to January 3, 2024.

The family checked in at the resort at 8:30 p.m. on December 28 and then proceeded to the buffet at 9 p.m., where they "consumed foods offered by the staff at the buffet."

Viva Dominicus Beach by Wyndham in La Romana, Dominican Republic (wyndhamhotel.com)

By 6 a.m. the following day, the entire family became ill, with symptoms such as nausea and vomiting.

Stephen called the medical clinic at the resort, Clinica Canela, for urgent assistance. He alleges that despite telling the clinic it was urgent and the sick family could not visit unassisted, they were told no one could come to their hotel room and that they would have to go to the clinic themselves.

After a call to the front desk requesting medical assistance, staff headed to the family's room, and they were taken away in wheelchairs. At the resort's clinic, they were given intravenous treatment and antibiotics before they were transported to a local hospital by ambulance.

April and Oliver Gougeon (Northcutt Elliott Funeral Home Limited)

The lawsuit details that upon arriving, Oliver started having breathing difficulties and was given oxygen and a sedative. He then suffered cardiac arrest and passed away.

April also started having breathing difficulties and was placed on a ventilator and became unconscious. She passed away shortly "as a result of her illness."

Stephen and Wesley were treated at the hospital for two days before returning home to Canada.

Stephen recalled the journey home to Canada without his wife and son.

"Flying back home without April and Oliver sitting beside [us] as they had done just days earlier is indescribable," he said.

"We planned this trip so our family could get some rest and relaxation. The thought that something like this could happen was the furthest thing from our minds."

The investigation

A coroner's report from the investigation in the Dominican Republic "concludes that April and Oliver Gougeon died from secondary causes related to food poisoning."

The lawsuit accuses the defendants of negligence regarding food preparation and handling. It's alleged that food served at the buffet wasn't kept at the required temperature and was improperly stored, causing cross-contamination.

The lawsuit also alleges that food was prepared with expired ingredients and contaminated by chemicals, cleaning agents, and other hazardous materials.

The resort and clinic are also accused of failing to respond appropriately and in a timely manner to the family's situation.

"They dismissed or downplayed initial complaints or signs of distress from April, Oliver, Stephen, and Wesley Gougeon, which could have been an early indicator of a medical emergency," reads the document.

Family seeking $10 million in damages

Meghan Hull Jacquin, a personal injury lawyer at Howie, Sacks & Henry LLP, representing the family, said the extent of negligence in this case is shocking.

"The Gougeon family was failed on so many levels," said Jacquin. "The Gougeons are taking action against the companies whose negligence allowed this to happen, not only to get answers and realize a sense of justice for themselves, but to shine light on these events, effect change in the failed processes and procedures, and ideally protect other vacationers from having to experience anything similar."

The family is seeking $10 million for general damages, funeral and burial expenses, mental distress and psychological trauma, and loss of shared family income.

"We would give anything to have April and Oliver back with us," said Stephen. "We know that can't happen. But if we are able to compel these companies to answer to their failings, maybe we will save other families from knowing the pain we felt and still feel every day."

In an email to us, an Air Transat representative offered condolences and support for the Gougeons during these events.

"In such cases, we act with diligence, prudence, and compassion, making every effort to assist our clients. Moreover, we choose our suppliers with great care, and the hotel operator has assured us of its full cooperation with the authorities in shedding light on these tragic deaths," they stated.

"We refute the allegations made against us. However, considering legal proceedings appear to have been instituted, we are unable to provide additional details or further comments."

We have also contacted Wyndham Hotels & Resorts and will update this story when the company responds.