What is the test for attaching liability to a bar?
Ontario, Canada
The following excerpt is from BARON v CLARK, 2017 ONSC 738 (CanLII):
In the case of Kauk v. Dickson [2005] O.J. No. 3633 (S.C.J.), aff’d 2008 ONCA 97 (CanLII) (C.A.) the plaintiff was beaten and sexually assaulted by a patron who became intoxicated at the defendant bar. The plaintiff had also been a patron at the bar and met the perpetrator there. The plaintiff relied upon s. 39 of the Liquor Licence Act in seeking to attach liability to the bar.
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