Smart Serve Duty of Care and Legal Liability

Question 1

What is the 'duty of care' in the context of Ontario alcohol service?

Accepted Answer

A legal obligation requiring those who serve alcohol to take reasonable steps to protect patrons and third parties from foreseeable harm

Answer

A suggestion to be polite to customers

Answer

A requirement to provide medical care

Answer

A duty to care about sales targets

Question 2

Under Ontario law, to whom does an alcohol server owe a duty of care?

Accepted Answer

To the patron being served, other patrons in the establishment, and third parties such as other road users who may be harmed by an intoxicated patron

Answer

Only to the patron being served

Answer

Only to the establishment owner

Answer

Only to the AGCO

Question 3

What is the legal concept of 'commercial host liability' in Ontario?

Accepted Answer

It holds businesses that sell or serve alcohol liable for damages caused by patrons they over-served or served irresponsibly

Answer

It only applies to hotels

Answer

It is a concept that has been eliminated in Ontario

Answer

It only applies during business hours

Question 4

What landmark Canadian case established that commercial hosts can be liable for the actions of intoxicated patrons?

Accepted Answer

Jordan House v. Menow (1974), where the Supreme Court held a hotel liable for an intoxicated patron who was injured after being asked to leave

Answer

The Charter of Rights case

Answer

No such case exists

Answer

A case decided in 2020

Question 5

How does the concept of 'foreseeability' relate to duty of care in alcohol service?

Accepted Answer

If harm to the patron or a third party was reasonably foreseeable given the patron's intoxication, the server and establishment may be liable for failing to prevent it

Answer

Foreseeability is not relevant

Answer

Foreseeability only applies to weather-related harm

Answer

Only the AGCO uses the concept of foreseeability

Question 6

What is 'vicarious liability' and how does it apply to licensed establishments in Ontario?

Accepted Answer

It means the employer (licence holder) can be held liable for the negligent actions of their employees committed during the course of employment

Answer

It means the patron is vicariously liable

Answer

It only applies to government employees

Answer

It means liability can never be shared