Stewart v. Pettie
Encyclopedia
Stewart v. Pettie, [1995] 1 S.C.R. 131 is leading decision of the Supreme Court of Canada
on the duty of care
owed by commercial establishments serving liquor.
At trial the judge found that the dinner theatre could not have been aware of Stuart's degree of intoxication and did not impose liability based solely on the number of drinks served. On appeal the Court of Appeal overturned the decision and allocated 10% liability to the theatre. The court held that the theatre breached its duty to exercise reasonable care to ensure patrons were not served enough alcohol that they would be a danger and its duty to take reasonable steps to ensure that intoxicated patrons did not harm themselves or others.
, finding that they confirmed the existence of a duty to third parties who are reasonably expected to pose a risk.
A breach of the duty is only where there was a foreseeable risk of harm. Here, there was no reasonable way that the theatre could foresee that Stuart would be the one to drive since he was accompanied by three individuals, two of them sober. The theatre was correct in assuming that Stuart would not be the one to drive. Nevertheless, Major confirmed that the theatre must monitor the patron's alcohol consumption based on the amount served and not solely on the patron's visible condition.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
owed by commercial establishments serving liquor.
Background
In December 1985, two couples, Gillian and Keith Stewart and Stuart and Shelley Pettie, went to a dinner theatre in Edmonton. At dinner Stuart was served a number of rum-and-cokes but showed no signs of intoxication. Afterwards the four discussed who should drive and Stuart insisted he was fit to drive, and so they agreed to let him drive. On the way back Stuart got them in an accident. Among the injuries, Gillian was rendered quadriplegic.At trial the judge found that the dinner theatre could not have been aware of Stuart's degree of intoxication and did not impose liability based solely on the number of drinks served. On appeal the Court of Appeal overturned the decision and allocated 10% liability to the theatre. The court held that the theatre breached its duty to exercise reasonable care to ensure patrons were not served enough alcohol that they would be a danger and its duty to take reasonable steps to ensure that intoxicated patrons did not harm themselves or others.
Opinion of the Court
Justice Major, writing for the unanimous court, held that the theatre was not liable. Major J. examined the previous cases of Crocker v. Sundance Northwest Resorts Ltd. and Jordan House Ltd. v. MenowJordan House Ltd. v. Menow
Jordan House Hotel Ltd. v. Menow and Honsberger is a landmark decision of the Supreme Court of Canada on the commercial host liability where the Court held that a bar owner has a duty to reasonably ensure their intoxicated patrons are able to make it home safely.Menow had a reputation of behaving...
, finding that they confirmed the existence of a duty to third parties who are reasonably expected to pose a risk.
A breach of the duty is only where there was a foreseeable risk of harm. Here, there was no reasonable way that the theatre could foresee that Stuart would be the one to drive since he was accompanied by three individuals, two of them sober. The theatre was correct in assuming that Stuart would not be the one to drive. Nevertheless, Major confirmed that the theatre must monitor the patron's alcohol consumption based on the amount served and not solely on the patron's visible condition.