What is the liability of a commercial vendor of alcohol on a highway?

As set out in Stewart v. Pettie (supra, page 145), there is no question that commercial vendors of alcohol owe a general duty of care to persons who can be expected to use the highways. That duty has been developed through a line of cases that deal with the liability of bars towards patrons who were served alcohol in their premises, and must be viewed in the context of those cases.

In Stewart v. Pettie (supra at page 146), Major, J. points out that while the courts have historically been reluctant to impose liability for a failure by an individual to take positive action, this reluctance has been tempered where there is a special relationship between the parties that warrants the imposition of a duty. Major, J. found that every person who enters a bar or restaurant is in an invitor-invitee relationship, and therefore in a special relationship with the establishment. He did not accept, however, that the mere existence of this special relationship without more permits the imposition of a positive obligation to act, or, in other words, a duty. He suggested that a commercial host can consider other relevant factors in determining whether in the circumstances positive steps are necessary.