A statement of claim filed in Ontario Superior Court was served on the spa Wednesday morning, personal injury lawyer Justin Linden confirmed to CTV News Toronto.  It names 11 defendants, including Groupe Nordik, Durham Regional Council, and unidentified inspectors and maintenance workers.
The plaintiffs claim they suffered “immediate adverse health effects,” including but not limited to severe skin rashes, ear infections and hearing loss after using the spa’s pools.
Amid the complaints, the plaintiffs allege that the spa’s pool facilities — specifically the Källa saltwater pool — were not ready to open to the public on Oct. 6 and that the company took too long to close the pools after reports of illness.  The group also alleges that the spa “negligently failed to disclose this information to patrons and in fact withheld said information from them to their detriment.”
Together, they are seeking a total of $5,000,000 in damages from the spa.
In response, a spokesperson for Groupe Nordik tells CTV News Toronto that it is committed to “full transparency” with both its guests and the public.
“While we deny the allegations in the claim against Thermëa Spa Village in Whitby, we intend to participate fully in the legal process,” the emailed statement said.


REPORTS OF ILLNESS IN THE STARTING WEEK 
The first complaint made to Durham Public Health against the spa came just four days after it opened on Oct. 10, a spokesperson confirmed to CTV News Toronto.
On October 14, the public health agency issued a notice that the pools had been closed after the results of an inspection found a “health hazard” in the water.  Almost a week later, on October 20, Martin Paquette, the spa’s CEO, confirmed that staph (staphylococcus) and pseudomonas were found in the Källa saltwater pool.
The plaintiffs allege that the length of time management took to close the spa was negligent and that they should have taken action as soon as widespread illness was reported.
The plaintiffs also allege that the spa facilities were not “in working order” and that they failed to perform proper inspections.
The results of an internal audit, released on Nov. 2 as part of Thermëa Spa’s “commitment to transparency,” claim there were three factors that contributed to the contamination, including a broken valve in the pool’s bromine corrosion system and a malfunctioning pool UV sanitizer system.


‘EXTREMELY’ PAINFUL 
CTV News Toronto spoke with three of the named plaintiffs about the claim, who detailed the various symptoms they say they suffered after their spa day.
Nicole Warren says she went to the spa on Oct. 9 for a friend’s belated birthday and came home with small red bumps that “looked like bites.”
The rash spread from the back of her thigh to her stomach and up her chest, back and armpit.
“It’s painful, even today,” he said on October 25.
Kamilah Headley says she started feeling pain in her neck after her visit.  Headley says she suffered an “extremely” painful ear infection she had never experienced before.
“I’ve been on painkillers that I’ve never had in my entire life — very strong painkillers,” she said, later adding that she had to miss work.
Jessica McKaye echoed similar symptoms after her visit, telling CTV News Toronto that in addition to a weeks-long ear infection, large lumps formed on her body and she felt like she had the flu.
“I’m weak. I have a fever,” McKaye said, adding that she had two quick COVID-19 tests to be safe. “I have no idea what’s going on.”
A spokesperson for the Durham Region Health Department told CTV News Toronto in an email that they are unable to provide further updates or information at this time due to the active investigation.
“I’m not here [because] I want to get attention or I want to get rich from it, or something like that,” Headley said.
“The hundreds of dollars I spent going to the spa just to get sick, I want it covered because I’m angry about that aspect.