Late Night Fight: Protecting Bar Patrons

In Turcotte v. Lewis, 2018 ONCA 359, the plaintiff was assaulted after going to a bar in Muskoka and taking a bus back to Barrie, Ontario.

On a summary judgment motion, the court dismissed the lawsuit as against the bar, a security guard, the bus driver, and the bus company. However, the Ontario Court of Appeal overturned the decision and remitted the case to trial.

Facts

A bar in the Muskoka region held "resort nights" in which it arranged for a bus service to pick up guests, bring them to the bar, and return them at the end of the evening.

On the night in question, the bus departed the bar between 1:30 and 2:00 a.m. and headed for a plaza in Barrie. A dispute arose on the bus. The defendant, Aaron Lewis, pushed the plaintiff. A security guard, who was hired by the bar, separated them. There was jeering and shouting on the bus.

The security guard learned that someone at the back of the bus had "called ahead for backup". Concerned that the situation might escalate and that violence might occur when the bus got back to Barrie, the security guard called the police in Barrie asking that a cruiser meet the bus on arrival. The bus driver slowed the bus in the hope of giving the police time to arrive at the plaza.

When the bus got to the plaza, the police had yet to arrive. The security guard noticed that the cousin of Aaron Lewis was there. The security guard knew that the cousin had a tendency to get involved in physical altercations.

The security guard and the bus driver permitted the plaintiff to get off the bus first to give him a head start. The security guard told the plaintiff to leave the area. However, the plaintiff did not immediately leave.

The plaintiff was surrounded by a group of people, including Aaron Lewis and his cousin. He was punched and fell to the ground, striking his head on the pavement. He suffered a traumatic head injury.

Summary Judgment Motion

The bar, the security guard, the bus driver, and the bus company ("the defendants") brought a summary judgment motion. The motion was granted.

The motion judge stated that the defendants fulfilled their duty to take reasonable steps to ensure that the plaintiff was safe while he was at the bar and while being transported to the plaza in Barrie.

Further, the motion judge rejected the allegations that the defendants failed to take measures in response to the escalating tension on the bus, such as diverting from the route and going to a police station or to another secure location.

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