Fertility Law – Frequently Asked Questions
As fertility law practitioners in this rapidly developing field of law, we often find ourselves faced with some recurring questions. As such, we have drafted this blog po…
Read moreIn reasons for judgment released yesterday, the court in Widdowson v. Rockwell, 2017 BCSC 385, found the owners of the Cambie Pub in Vancouver 25% at fault for a car accident caused by a drunk customer. The defendant in Widdowson was a sheet metal worker who went to the Cambie Pub after work with colleagues and got completely pissed. The Pub staff knew the defendant was drunk and did nothing to stop him from driving. After leaving the bar the defendant drove to Coquitlam along with a co-worker. The interesting twist in the case was that the accident happened after the defendant had already arrived at home. While he had got home safe, about thirty minutes later he got back in his car to drive his colleague home. The accident then occurred. In finding the Pub 25% liable for the injuries caused to the plaintiff, Mr. Justice Kent said the following:
[74] While the standard of care expected of a commercial host will, in large part, be governed by the particular circumstances of any given case, there are several general standards of conduct that could well apply simply as a matter of common sense, including:
[75] None of these things occurred in the present case. Rather, the pub’s employees utterly failed in abiding by their own employer’s directive that “intoxicated persons (e.g., Rockwell) must not be permitted to drive”. I have no hesitation in concluding that the employees, and therefore Cambie Malone’s, did not meet the requisite standard of care in the circumstances of this particular case and that their conduct was accordingly negligent.
The full decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/17/03/2017BCSC0385.htm
As fertility law practitioners in this rapidly developing field of law, we often find ourselves faced with some recurring questions. As such, we have drafted this blog po…
Read moreWe are excited to announce Parveen Karsan, Sarando Matheos, and Kirk Wirsig have been selected for inclusion in the 2024 edition of The Best Lawyers in Canada®.
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