Widdowson v. Rockwell, 2017 BCSC 385
Joe Battista, Q.C. and Paul Bosco represented a pedestrian plaintiff who sustained catastrophic injuries, including a brain injury, after being struck by a drunk driver. The driver had recently left a pub, and made several brief stops, including at his home, before colliding with the plaintiff. The law up to this point was that if a patron makes it to their home, by whatever means, the establishment would no longer be liable for injuries caused by the patron, full stop. The court rejected this proposition, and found the pub partially liable for the plaintiff’s injuries. This decision effectively became the new law in BC on commercial host liability, expanding the responsibility owed by establishments, and creating a more favourable legal landscape for claimants who have been injured by intoxicated patrons.