Is there a special relationship between beverage rooms and members of the motoring public?

Canada (Federal), Canada

The following excerpt is from Stewart v. Pettie, [1995] 1 SCR 131, 1995 CanLII 147 (SCC):

43 As mentioned, there are lower court decisions which hold that a special relationship exists between beverage rooms and members of the motoring public. In the result they will be liable to an injured third party for failing to take adequate steps to prevent an intoxicated patron from driving. In Hague v. Billings, supra, a highly intoxicated driver visited two different bars before becoming involved in an accident in which one person was killed and another seriously injured. After the first bar had refused to serve him more than one beer because he was obviously intoxicated, he went to the second bar. The second bar continued to serve the driver even though he was clearly intoxicated. They also failed to make any attempt to learn if, on leaving he planned to drive.

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