Law Times

PAGE 4 NEWS December 7, 2009 • Law Times Decision clarifies duties to ensure patrons' safety death of a dentist who suff ered fatal head injuries after being knocked to the ground in an altercation outside its premises. While jurors decided that David Du- Jury finds bar liable for man's death in fight A BY TIM SHUFELT Law Times jury has found that an Orillia bar, its bouncer, and its owner were largely responsible for the a legal perspective," she adds. "It articu- lates the duty on bars to ensure safety." Th e jury awarded Dumencu's wid- ow and three sons damages of $3.1 million, more than half of which is to compensate for the loss of future fi nan- cial support. Dumencu died in July 2004 outside mencu, who had twice the legal alcohol limit in his blood, contributed in part to his own death, they pegged his de- gree of negligence at only 15 per cent. It also found the bar's bouncer to have been negligent for his role in the altercation but set his liability at just 15 per cent as well. Th e court apportioned the remain- ing liability between the Atherley Arms Tavern and its owner, Lea Hellerman. "Th at sends a message that the bar was primarily responsible for his safety, regardless of the fact that he was drunk," says Barbara MacFarlane, lawyer for the plaintiff s. "It's certainly an interesting case from the Orillia strip club where he had been drinking with friends after a golf tour- nament. He was standing outside waiting for his companions to emerge from the tav- ern when a fi ght broke out and he was knocked down. Adam Holland, the bar's bouncer, was acquitted of manslaughter last year. Th e plaintiff s in the lawsuit argued that the bar refused to call an ambulance, shut off its lights, and locked the doors as Dumencu lay bleeding outside. For the fi rst time, the court qualifi ed a former police offi cer as an expert on use of force in the hospitality industry, MacFarlane says. His testimony focused on how to de-escalate and stop bar fi ghts. In its verdict, the jury decided that 'It articulates the duty on bars to ensure safety,' says Barbara MacFarlane. Hellerman didn't ensure her staff had proper training. It also found her liable under the Oc- cupiers' Liability Act for failing to pro- vide for the reasonable safety of patrons. As well, it deemed the bar itself to have had inadequate staffi ng for an es- tablishment with a capacity of 150. While the verdict may help to defi ne the division of liability in such claims, it doesn't create any additional duty on drinking establishments, says Rob- ert Solomon, a University of Western Ontario law professor with expertise in alcohol law. Solomon notes that these types of awards tend to whip up "righteous in- dignation of personal responsibility," an argument he says is misplaced. "Th ey're not held liable for the con- duct of their patrons; they're being held liable for their own conduct," he says. He adds that there is a prevailing myth that the only major risk associated with alcohol is drinking and driving. "People think that's the full extent of their risk, and it's not, so it's not the full extent of liability." Th ere are opportunities, he says, for many more claims related to alcohol out- side of those involving impaired driving. "If anything, the legal profession has been asleep at the wheel." LT Bail denied for accused witch BY TIM SHUFELT Law Times Starting from $62.50 per month More value for your money! 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Corey Jones says "the reputation of justice at large was at risk should she be released again." In relation to previous fraud convictions, Persaud had been sentenced to house arrest with strict conditions that she not pos- sess a cellphone or a computer. Police say Persaud was in violation of those conditions while allegedly perpetrating further frauds. Persaud is accused of scam- ming a Toronto lawyer out of more than $100,000. None of the allegations have been prov- en in court. Noel Daley, a veteran crimi- nal lawyer, claims he agreed to mentor Persaud after she con- vinced him she was a promising law student. He also alleges the accused gave him a tarot card reading and convinced him she was the embodiment of his dead sister who was intent on guiding him to prosperity. Daley claims he was soon making large payments to Per- saud for various business pro- posals. At the same time, Persaud al- 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. www.lawtimesnews.com Bestcase-reduce costs (LT 1-2x4).indd 1 6/10/09 10:43:32 AM LT0715 legedly accepted payments from other unsuspecting individuals for legal services she never deliv- ered, according to police. LT

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