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To avoid being caught in an every-expanding net of liability for alcohol-related injuries, the Town of Oakville is taking a closer look at its liability policy. The alarm bell was rung when Dr. Robert Solomon, Professor of Law at the University of Western Ontario, spoke to Oakville and Burlington municipal officials, police represen- tatives and others at a recent infor- mation session in the Region of Halton auditorium. His topic centred around personal and corporate liabir. ity associated with the inappropriate raise of alcohol at social gatherings. The session, sponsored jointly by the the region's health department, the Addiction Research Foundation and the Halton Healthy Lifestyles Coalition. focussed mainly on corpo- rate liability as it pertains to munici- polities. 1 Following the session, Oakville Ward 3 Councillor Tedd Smith and Town of Oakville lawyer Doug Oates said the Town's current liabili- ty policy will be closely reviewed in the next three or four months to determine if the town is fully cov- Dec By BARB JOY thAville Beaver Stttlr During the information session Solomon pointed out the legal impli- cations of holding such events as the Waterfront Festival on its own prop erty. As an "occupier," he said the town could be held liable for any alcohol-related injuries occurring on its land and must take "reasonable steps" to ensure that all people admitted to the property are "reason- ably safe while on the premises." That's the law. What's an "occupier?" It could be one or several parties having control of the premises with the power to allow people in or keep them out. In the case of a dance at a municipal hall, for example, co-occupiers Would probably include the town or city, the service club renting the hall and the caterer managing the event. In his address, Solomon said occupiers' alcohol-related suits far outnumber the same type of suits relating to providers' liability (which has to do with anyone, not just bar- tenders. serving alcohol past the point of intoxication or to an already intoxicated person.) "I don't think that I would rent my facility to anyone who didn't have significant insurance," he said, adding that attempting to be reim- b'ursed by "someone who has no fixed address" is futile. Not only are these types of liabili- ty suits more numerous but they are also more expensive than ever before. For instance, 25 years ago p.eople suing a municipality would be lucky to receive $25,000 for an injury that left the victim a para- plegic. Today, the same injury would be settled for maybe $2 million. An injury that left a person a quadraplegic could net him up to $4 million, said Solomon. Attitudes towards drinking have also changed over time. Years ago, the idea of "baby-sitting" someone who overimbibed was laughable; today it's accepted. You are, indeed, your brother's keeper because the law puts you in that position, Solomon explained. As well, there has been a public outcry over excessive alcohol use causing injuries and death. Health- related agencies, the Addiction Research Foundation and citizen groups have been attacking the prob- lem in various ways for years, caus- ing a hardening of attitudes against excessive drinkers that is reflected in the courts. "sympathies no longer lie with bars or municipalities," said Solomon. "And there's an indication that this trend will continue." Town's liability policies to get close scrutiny He said the expanded Ontario Occupiers' Liability Act forces "occupiers" to consider many avenues in which they could be liable. For instance, they must ensure the premises are reasonably safe for those occupying them. In one case involving the Pacific National Exhibition in Vancouver, an intoxi- cated man fell over a low railing on a steep staircase, severely injuring himself. He sued both the city and the exhibition and won his case when the court maintained that it was to be expected some people would become intoxicated in one or all of the three licensed premises on the grounds. And so a municipality renting out a hall for a dance could be sued if a drunken guest slips on a loose carpet or walks into a glass patio door, as has happened, noted Solomon. It therefore behooves a municipality to inspect their proper- ties to ensure they meet building codes, he said. They might even con- sider other safety features such as putting stencils on glass doors, he said. "When you bring people on to your property, you become liable for them," he said. "I'd suggest you 1993 don't rent your facilities out to any- one who hasn't a lot of insurance and who doesn't have trained staff. You should maintain control." He cautioned his audience about events involving a special occasion liquor licence since these often bring with them an element of irresponsi- bility, perhaps due to a lack of orga- nizational experience. Besides this cautionary note, Solomon said occupiers may also be sued for injuries occurring in an environment in which violent or careless behavior is foreseeable. As an example, he cited a case in which an intoxicated man initiated a fight at a bush party in Ontario hosted by a farmer's son and which drew 300 young people who brought their own booze with them. The man instigat- ing the fight was beaten so badly he was left a quadraplegic. Since previ- ous bush parties had resulted in problems, the court ruled the farmer should have known someone might be injured and therefore should have taken precautions such as providing adequate security, calling the police at the outset of the fight or else refusing to give permission to have the party on his property in the first place. Similarly, municipalities allowing the use of their parks for a gathering of the Hell's Angels motorcycle club can be held responsible if injuries or any uproar occurs. These are deemed to be foreseeable circumstances. said Solomon. Injuries sustained at public functions could prove costly ELECTRONIC REPAIRS from 6-Month High School Membership CALL FOR YOU R‘FREE WORKOUT TODAY A11 We sell & install auto alarm systems a ANNIVERSARY CELEBRATIONS We repair home and auto electronics Stereos, V.C.R.s, Microwaves, Fax Machines, TVs, Answering Machines Peres _ , Cellulatthntte “127 SPl-S M. UNIT " 33m 6-Month Multlv1tmbership 11th A tradition In Prsonal Service Since 1982 JOIN OUR 'lat 6-Month Aerobic Classes (Beside Tim Hortons at Fourth Line) plus installation FREE ESTIMATES 1 9500 255on 345°” We also repair d) install 2 Way d) CB. Radios The police, who ultimately come under the municipality, are also liable if they do not provide the intoxicated person with adequate protection. This can include failure to keep him from driving and later causing an accident. Or restraining him from injuring himself in his cell or using excessive force causing injury. They must ensure the person receives adequate medical assis- tance, if required. But Solomon assured his audi- ence that municipalities, bartenders and hosts at private parties are not The broad interpretation of the Act as it relates to municipalities has some profound implications for the Town of Oakville. For example, how does one spot and turn away an intoxicated person entering a park at a town-sponsored event such as the Canada Day festivities at Coronation Park? How does one determine intoxication, anyway? Solomon noted it's a good ques- tion because so far the Act includes no definition of "intoxicated," although the Criminal Code sets the maximum limit of alcohol in the blood at .08 per cent. 11 Lakeshore ltd. W. Oakville 844-1610 NAUTILUS SPORTS MEDICAL DE THE OAKVlLLE BEAVER required to have their own breatha- Moreover, the court ruled in one lyzers at the ready to determine the case that a bartender who served one amount of alcohol imbibed. He said drink to an intoxicated person was 90% of the people at risk will be not liable because he had insuffi- obviously drunk - people with cient time to establish the level of ...-;. in...“ m. tho in”. and whn m intoxication of the person. their heads on the table and who ask for a drink with "Beam me up, Scotty." Seldom will they ever deal with people with less than at least double the legal amount of alcohol in their systems. he said. SI CLAIR CUSTOM LATEX SATIN VERTICAL BLINDS Was " tlss “ms! so Compared to St Clair s Atter Sale Price on Luxury Velvene Pants and Levolor Premaere Blinds. Aner Sale Price m etlecl Sunday. December 19, 1993, OAKVILLE - Under New Management 134 Lakeshore Rd. W. (Lakeshore W. & Kerr St.) 842-0032 3 " u 'AMI Duct 9 Available 83.99 3,99 105.99 l " 99 89.99 97.99 as: to: easy was! wusl 114.99 messl 123.99 11689I12199 94.99 1105.93 gr" will can": DIEM! Qua-Mn not"!!! SIM 27.” LATEX SEMI-GLOSS Suitable in! bulcnons ST CLAIR CUSTOM I" ALUMINUM VENETIAN BLINDS " Innsl " r. Fl Luna ' Arie: Sula Price W. 99 22 -99 25.99 2689 19.99 Omaha and scrubbable Smith noted the town's "alcohol policy" dealt with two types of facil- ities - places such as the licensed Oakville Centre where the town employs people to serve liquor and arenas and parks in which others opeatiset wash-nos (0804 Upper Oakville Shopping Ctr. (Upper Middle Rd. 8th Line) 845-7748 22.99 26.99 33.99 29-92 34.95 31.99 37 99 Best Available (”8037) lN-STOCK I" VlNVl LATEX SATIN lUSTRE VENETIAN BLINDS LENG T as! to! lwIng. damn? and children‘s oms Scrubbablo mush Easy we: swap Due: to a warm valvmy hm mama m 100's ot pastel COIOUIS m -!IZI I]! 7.19 Em WI Friendly Professional Decorating Advice No Hassle Returns. " Lulu 'Anu Sub Prttm 31.99 serve liquor. He said he was assured that no liquor is served at town hall. For their own private Christmas par- ties, councillors pay "out of their own pockets" for the rental of a ban- quet facility and town staff similarly hold their parties elsewhere. At the same time, the town is tak- ing Solomon's advice seriously when he admonished representatives that their choice is not whether or not to upgrade their liquor policies. "The question is now or in three years," he said. "That's your choice." FROM OIL-BASE SEMI-GLOSS Best far kucnens. bathrooms and woodwk Roasts repeated scrubbngs Available m 100's ot pastel colours (38057) IN-STOCK DECORATIVE FABRIC VALANCES ""t"'trl,f,,f:iaiii"') 11