Are Restaurants Liable for Drunk Drivers Canada?

Drunk Driving Laws in Ontario

Under the Liquor License Act of Ontario, a commercial host must ensure that liquor is not sold to a person who is or appears to be intoxicated. If a bar or restaurant over-serves alcohol to a patron, and that patron then injures himself or someone else in an accident, the bar may be liable for damages.

Bartender Protocol

If someone’s over their limit, stop serving alcohol, hand water, close tab and call cab.

Liability of a Commercial Host for Drunk Drivers

It was not until the 1990s that the Supreme Court of Canada determined that restaurants might be held accountable for the injuries caused by drunk drivers who were inebriated while dining or drinking at their business. In Texas, the laws are more convoluted than in other states. Texas bars and waiters are not automatically responsible for injuries caused by overserving alcoholic beverages.


  • Drunk driving accidents can have serious consequences for the driver and any passengers in the car. If a drunk driver causes a collision and you suffer injuries, you can be entitled to financial compensation.
  • If you live in a pure negligence state, you are generally free to sue a drunk driver for the injuries you sustained.
  • Generally drivers who are found to be driving under the influence of drugs or alcohol at the time of the accident will be considered negligent and therefore at fault, whether wholly or partially, for any accident they are involved in.

Can You Sue a Drunk Driver in Canada?

Drunk driving instances may have a criminal component to the case, in which the police charge the motorist who was under the influence of alcohol. Furthermore, if the intoxicated driver causes significant personal injuries, the personal injury attorneys at Goldfinger Injury Lawyers can file a lawsuit against the drunk driver for damages.

Penalties for Drunk Driving

The Ontario penalties for drunk driving include fines, license suspension, criminal record, potential imprisonment depending on circumstances. It’s important to have qualified DUI lawyer when charged with drunk driving in Ontario. The 60-Second Ontario DUI Arrest Test assesses arrest nature to determine if charges may get withdrawn.


In Canada, drunk drivers can be charged with one or both of the following offenses: impaired driving and driving over 80, which means having a blood alcohol level over 80 mg of alcohol per 100 ml of blood.

New Ontario Law

Now drivers 21 & under need zero blood-alcohol level to drive. Also applies "new drivers of all ages”. First offense 30-day license suspension and $500 fine. Other punishments for youth activities could be laws against drunk texting or terrible Facebook photos.

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