Does a restaurant have a duty to serve alcohol to an intoxicated patron who then drives while intoxicated and injures a third party?
Ontario, Canada
The following excerpt is from Paton Estate v. Ontario Lottery and Gaming Corporation (Fallsview Casino Resort and OLG Casino Brantford), 2016 ONCA 458 (CanLII):
On the other hand, this issue may be seen as analogous to that of a commercial host who serves alcohol to an intoxicated patron, who then drives while inebriated and injures an innocent third party. In that context, there is a recognized duty to both the intoxicated patron and the third party: see Stewart v. Pettie, 1995 CanLII 147 (SCC), [1995] 1 S.C.R. 131. The server of alcohol has no relationship with the third party, but injury is reasonably foreseeable and a sufficient degree of proximity exists between the server and the class of persons who could be expected to be on the road.
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