Can a landlord be held liable for failing to provide the necessary proof to prove that liquor was brought into his premises without his knowledge or consent?
Alberta, Canada
The following excerpt is from Libo-On v. Alberta (Fort Saskatchewan Correctional Centre), 2004 ABQB 416 (CanLII):
Perdue C.J.M. stated in Rex v. Hoffman at C.C.C. 366: Proof that liquor was brought upon his premises surreptitiously, without his knowledge or consent, does not render him guilty of an offence. The statute did not intend that a man should be declared guilty in such a case. It is incredible that there was any intention of authorising so monstrous an injustice. The prohibition in the statute is that no person 'shall have’ liquor on the premises, not that he shall be liable if there 'is' liquor on the premises.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Respondent be liable for defamation if his agent published an article without the knowledge, understanding and consent of Respondent's agents? (Alberta, Canada)
Is a surety liable for a change in interest rate under a contract that was not signed without the consent of the surety? (Alberta, Canada)
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant? (Alberta, Canada)
Can an accountant be held liable for failing to disclose that he was acting for the developer in the structuring of each of the real estate projects? (Alberta, Canada)
What is the burden of proving knowledge and approval in a will? (Alberta, Canada)
What is the duty of care owed by the owner of a premises to a person who comes onto those premises as an invitee? (Alberta, Canada)
Can a plaintiff as dominant driver be held liable for failing to stop at a stop sign? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
How have the courts in Scotland dealt with a decision made by the Landlord and Landlord Board in relation to the sale of land in the area? (Alberta, Canada)
What is the burden of proving consent in medical malpractice cases? (Alberta, Canada)
