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Menow V. Jordan House Ltd.
''Jordan House Hotel Ltd v Menow'' (1973) is a landmark decision of the Supreme Court of Canada on the commercial host liability where the Court held that a bar owner has a duty to reasonably ensure their intoxicated patrons are able to make it home safely. Menow had a reputation of behaving badly and was banned from the Jordan House Hotel for drunken behavior. Eventually he was allowed back and was allowed to be served alcohol on the condition that he be escorted by a responsible adult. On a later night he went to the hotel bar but was abandoned by his escort for three hours while he was served drinks. He became extremely intoxicated and began to harass other patrons. Menow was soon ejected from the hotel bar and started to make his way home down a highway but was hit by a car. Menow brought an action against the hotel in tort for violating their duty of care by serving him alcohol and not ensuring he was safe when he left the hotel. At trial, the court held that the hotel viola ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stewart V Pettie
''Stewart v Pettie'', 9951 SCR 131 is a leading decision of the Supreme Court of Canada on the duty of care owed by commercial establishments serving liquor. Background In December 1985, two couples, Gillian and Keith Stewart and Stuart and Shelley Pettie, went to a dinner theatre in Edmonton. At dinner Stuart was served a number of rum-and-cokes but showed no signs of intoxication. Afterwards the four discussed who should drive and Stuart insisted he was fit to drive, and so they agreed to let him drive. On the way back Stuart got them in an accident. Among the injuries, Gillian was rendered quadriplegic. At trial the judge found that the dinner theatre could not have been aware of Stuart's degree of intoxication and did not impose liability based solely on the number of drinks served. On appeal the Court of Appeal overturned the decision and allocated 10% liability to the theatre. The Supreme Court held that the Mayfield investments (owners of the theatre) did not breach the duty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Childs V Desormeaux
''Childs v Desormeaux'', is a Supreme Court of Canada decision on the topic of social host liability. The Court held that a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol. Background Julie Zimmerman and Dwight Courrier hosted a New Year's pot-luck dinner to which guests were to bring their own alcohol. Desmond Desormeaux, a guest at the party and long-time heavy drinker, drank approximately 12 beers in over 2 and a half hours that evening. According to the version of events accepted by both sides, the hosts did not monitor his drinking more closely than the drinking of the other guests. Desormeaux drove home after a brief conversation with Courrier, who asked him, "Bro, are you going to be all right?". On the way home, he was involved in a car crash, paralyzing the passenger Zoë Childs and killing another passenger, Derek Dupre. Finding liability in this case would mean recognizing a new duty of care. To determine whether or not s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Tort Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
