Ontario liquor laws concerning liability

[guyser]

A penny more than what? What are Homeowner Fees? Never heard of this. I have no homeowner insurance that covers me for the cost of a lawyer in a civil suit over serving alcohol as a host

Yes you do. It is included in your insurance policy that you bought to insure the home. Liability is included in that same policy. Cant believ I wrote fee, my mistake.

Can you refer us to one of those recent precedents?

Hunt vs Sutton comes to mind, she being the realtor who attended a staff party, drank, and on here way home (stopping for another beer or two) crashed her car.

Sutton was found 25% liable.

As for homeowner suits, they are in not available online that I could quickly access, but instead are insurance inhouse publications.

Huh? How so? What would the police think about my actions in this case? The ones I have chatted with look quite favourably on my actions as a host.

I am sure they are looking favourably on your actions , but thats a casual conversation. I would bet after the second or third time they have been sent on a goose chase they may not like it. I can reasonably think Toronto Police wouldnt be so happy.

Thanks. Want to applaud me for paying my bills and putting my garbage to the curb too? I think it is a responsibility that needs no accolades, its just the right thing to do in my mind

Thank you for paying your bills and putting your garbage to the curb.

[guyser]

Eventually, he may get paid. His wages can be guaransheed, right?

He wont find a good competent lawyer, unless it is his relative , to take on a case where the payment will come via a garnishee of wages.

I would suspect that a lawyer , say for instance , wants $30,000 up front to fight this. The plaintiff then does the math....I put ou $30G's, and collect $400 a month in granishees commencing in about 3 or 4 years.

Screw it...he says.

[Community Advocate]

Yes you do. It is included in your insurance policy that you bought to insure the home. Liability is included in that same policy. Cant believ I wrote fee, my mistake.

I believe I am covered if someone sues me for slipping on my driveway, or if I am sued for someone getting hurt on my property, but it certainly doesn't cover me for guests who have left my home, and not for a lawsuit brought on by someone who was drinking at my home, left, and was injured.

Hunt vs Sutton comes to mind, she being the realtor who attended a staff party, drank, and on here way home (stopping for another beer or two) crashed her car.

Sutton was found 25% liable.

That is one that I was referring to. The second party was held 25% liable, but the pub where she stopped part way home was also held liable, right? I think it was for the other 75% and Hunt was not held liable for her actions whatsoever.

As for homeowner suits, they are in not available online that I could quickly access, but instead are insurance inhouse publications.

I am sure they are looking favourably on your actions , but thats a casual conversation. I would bet after the second or third time they have been sent on a goose chase they may not like it. I can reasonably think Toronto Police wouldnt be so happy.

I see, you are referring to sending the police after them. You're right, they may not be so happy to go after someone and not get any 'points' for an arrest, but they do like the idea, and I feel once I have reported a driver who has left my home and has been drinking, my responsibility is done. That would only be if my guest refused to give me the keys and drove off against my better judgement.

Thank you for paying your bills and putting your garbage to the curb. LOL - youre' very welcome!

[Community Advocate]

He wont find a good competent lawyer, unless it is his relative , to take on a case where the payment will come via a garnishee of wages.

I would suspect that a lawyer , say for instance , wants $30,000 up front to fight this. The plaintiff then does the math....I put ou $30G's, and collect $400 a month in granishees commencing in about 3 or 4 years.

Screw it...he says.

So you agree it is possible with a good lawyer? And you think that it is unlikely that it would be worthwhile for the complainant?

It is possible. This is my point.

[guyser]

Please learn how to quote in posts...it makes it hard to respond to your posts.

Anyhow...

I believe I am covered if someone sues me for slipping on my driveway, or if I am sued for someone getting hurt on my property, but it certainly doesn't cover me for guests who have left my home, and not for a lawsuit brought on by someone who was drinking at my home, left, and was injured.

Thats exactly what your insurance covers. No exclusions exists except for your criminal actions.Any incident does not have to be on your own property.

That is one that I was referring to. The second party was held 25% liable, but the pub where she stopped part way home was also held liable, right? I think it was for the other 75% and Hunt was not held liable for her actions whatsoever.

The realtor and pub were held to a joint 25% liable, she was held to the rest. The only problem is the pub went bankrupt and did not have insurance, thus Hunts insurers had to pay.

Edited January 18, 2008 by guyser

[guyser]

So you agree it is possible with a good lawyer? And you think that it is unlikely that it would be worthwhile for the complainant?

It is possible. This is my point.

You mean like in Dumb and Dumber when Jim Carreys question is answered ..." about a million to one chance"....."so you are saying I have a chance?"

Yes it is possible. But you will not get a good lawyer.

So I guess the point is yours.

[Community Advocate]

I wondering if anyone from Ont. knows what the new laws are as far as drinking at one own property. Is there any responsibility for the homeowner if someone leaves your property and gets in an accident? At a group debate, someone said since they changed the laws for hotels that sell liquor to individual drinking , it was the same. True or False?

FYI:

http://www.aadac.com/87_142.asp

The Responsible Host (Alberta Alcohol & Drug and Addiction Center)

Good info.

[colep]

Hi there,

New to this forum, wondering if someone can give me some information.

My friend's father used to own a restaurant 4 yrs ago, has since sold it. He recently received a letter from a lawyer from a woman who is sueing him for an incident that took place 4 yrs ago,about the time when he retired/sold the business.

Person claims she was at the restaurant with her friend and that her friend was overserved alcohol, they both left the bar together where they were involved in a car accident. Female passenger suffered injuries, not sure to what extent.

No one contacted my friend's father till today! If the driver was charged criminally i suspect the police would have attended the restaurant & question how many drinks the guy had and to get witness statement to prove their case.

Anyways, my question is; Would he still be liable 4 yrs after the fact? and if so, under what grounds? Burdon of proof is on her, with civil cases, for this woman's case to be successful what do they look for?

He's worked hard all his life, now he's stressed out about something he knows very little about! He's hired a lawyer, but i'm wondering if someone can teach me something on this topic.

Regards

colep

[email protected]

EDIT:

This was the Opening Post of the following redundant thread: Restaurant owner's liability - drunk driver accidents, Drunk driver gets in an accident, hurts someone, restaurant gets sued

It has been merged into this current thread which discusses the same topic and the title of this thread has been changed to:

title: Ontario liquor laws concerning liability

sub-title: drunk driving and accidents

Edited February 7, 2008 by Charles Anthony
merged thread

[DrGreenthumb]

Hi there,

New to this forum, wondering if someone can give me some information.

My friend's father used to own a restaurant 4 yrs ago, has since sold it. He recently received a letter from a lawyer from a woman who is sueing him for an incident that took place 4 yrs ago,about the time when he retired/sold the business.

Person claims she was at the restaurant with her friend and that her friend was overserved alcohol, they both left the bar together where they were involved in a car accident. Female passenger suffered injuries, not sure to what extent.

No one contacted my friend's father till today! If the driver was charged criminally i suspect the police would have attended the restaurant & question how many drinks the guy had and to get witness statement to prove their case.

Anyways, my question is; Would he still be liable 4 yrs after the fact? and if so, under what grounds? Burdon of proof is on her, with civil cases, for this woman's case to be successful what do they look for?

He's worked hard all his life, now he's stressed out about something he knows very little about! He's hired a lawyer, but i'm wondering if someone can teach me something on this topic.

Regards

colep

[email protected]

That is so stupid, nobody EVER takes personal responsibility for their actions anymore. I bet there are plenty of morons on this forum who will be outraged about this, but at the same time will say a junkie should be able to sue his or her "drug dealer" for selling them exactly what they wanted to buy. Sorry for your father's luck, it's just a symptom of the nanny state we live in today. It will only continue to get worse under the authoritarian conservatives.

[August1991]

Discussed here.

[guyser]

New to this forum, wondering if someone can give me some information

My friend's father used to own a restaurant 4 yrs ago, has since sold it. He recently received a letter from a lawyer from a woman who is sueing him for an incident that took place 4 yrs ago,about the time when he retired/sold the business.

My first question is ...did your friends father have insurance on the restaurant at the time the plaintiff claims he/she was in there drinking?

If so , tell him to relax and forward the claim to that insurance company or broker who serviced him and forget about it. It shouldn't , at least likely not, cost him anything other than some time. It wont cost him money save for wages being off work for court appearances etc.

If he operated a bar/restaurant without insurance then he must pay for his own defence and judgements should there be anmy against him/her .

The plaintiff is looking to gain some cash from the CGL part of his policy. If there are no extraordinary circumstances about this accident, then they are pretty much wasting their time. Hope this helps.

[guyser]

That is so stupid, nobody EVER takes personal responsibility for their actions anymore. I bet there are plenty of morons on this forum who will be outraged about this, but at the same time will say a junkie should be able to sue his or her "drug dealer" for selling them exactly what they wanted to buy. Sorry for your father's luck, it's just a symptom of the nanny state we live in today. It will only continue to get worse under the authoritarian conservatives.

Do you happen to know about this case? Maybe the person was rip roaring drunk and they kept serving them knowing full well car keys were on the table?

A drug dealer/user lawsuit? Uh...no. Not going to happen.What are you going to show the court for evidence?