In the 2019 Ontario Superior Court of Justice decision of
Hummel v. Jantzi1 , Justice Taylor determined
the negligence and liability of the plaintiff, defendant, and a bar
that over-served the parties, contributing to a collision that
occurred in June 2012. Justice Taylor apportioned 80% liability to
the defendant driver, 20% liability to the bar as the commercial
host, and the plaintiff's damages were reduced by 25% for his
contributory negligence in not wearing a seat belt at the time of
the collision.
Facts
On the evening of June 6, 2012, the plaintiff, the defendant
driver and a group of friends visited a bar called All Star Tap
& Grill to watch the NHL Stanley Cup finals. One of the reasons
the group chose this particular bar was a draft beer deal known as
the "12 for 12 special". This special included a tray of
12 beers (6 oz. each) for $12. The group ordered approximately four
trays, and it was determined that the defendant consumed around 20
beers. Some
