September 25, 2018

Beard Winter LLP wins commercial host liability claim

Beard Winter LLP wins commercial host liability claim

Written by: Robert A. Betts



On September 17, 2018, the Ontario Superior Court of Justice released its decision in Bucknol v. 2280882 Ontario Inc., 2018 ONSC 5455.

Beard Winter LLP was successful in defending our commercial host client Classic Lounge when the plaintiff, a patron at our client’s establishment, was struck by a bottle thrown by another patron.

Litigation partner Robert Betts brought a motion for summary judgment seeking to dismiss the claim on the basis that the standard of care was met and, in any event, that the incident was not reasonably foreseeable.

The Court found that:

  • the incident occurred within seconds;
  • there were no prior instances of bottles being thrown; and
  • there was no evidence that intoxication played a role in the events.

In light of these findings, the Court held that there was no genuine issue for trial on negligence or liability under the Occupiers’ Liability Act. The action was dismissed against our client with costs payable of $24,000.


Robert Betts deals with a variety of commercial and civil matters including recreational liability, disability benefits, professional negligence, occupier’s liability, insurance coverage disputes, commercial host liability, breach of contract, employment litigation, construction disputes and product liability.
Do you have questions about this topic? Email Rob at rbetts@beardwinter.com or call him at 416-306-1763

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