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The Court held the NSLC retail mark-up is, in pith and substance, a proprietary charge authorized by the Liquor Control Act, Regulations and NSLC policy and supported by controlling precedent, and therefore it is not an unlawful tax; the appeal was dismissed.
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Summary trial commercial host claim: the court found Cambie Malone's breached its duty by over-serving Rockwell, contributing to the collision that injured Widdowson.
The Court held that s.39 must be read to require that over-service produce intoxication or increased intoxication such that it was reasonably foreseeable the patron might injure another person; the trial judge correctly instructed the jury using that foreseeability standard; the jury's negative finding was supported by the evidence; appeal dismissed.
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The court upheld the adjudicator’s interpretation of liquor licence terms under a reasonableness standard, but found the exclusion of key rebuttal photographs unfair.
Judicial review of liquor-control penalties: the court found errors in interpreting s. 45(2) and the due diligence test, and ordered a rehearing before a different adjudicator.
The Supreme Court of Canada held that a hotel could owe a duty of care to an intoxicated patron whom it knew was unsafe to leave alone and on foot.
The Supreme Court of Canada held Ontario’s local option liquor provisions intra vires, but only to the extent of prohibiting retail liquor sales, not importation or manufacture.
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