THIRD PARTY CULPABILITY AND THE LAW (if those are the right words?)
I know that there has been a law in force for quite awhile about "hosts" being responsible for guests who have been drinking but I think this might be the first time its actually been called into play:
Golf course operators charged in drunken crash case
Served liquor to intoxicated person before three men died, Crown alleges
By Melissa Leong, Canwest News ServiceJanuary 13, 2009
Ontario Provincial Police have charged operators of a golf club and 16 people with 34 liquor licence violations after a car crash killed three Toronto men last summer.
Tyler Mulcahy, Cory Mintz, both 20, and 19-year-old Kourosh Totonchian died on July 3 after leaving the Lake Joseph Golf Club in the Muskoka region of southwestern Ontario, where they had spent the afternoon eating and drinking.
The Audi S4 they were riding in left a cottage country highway, flipped over, shearing the tops from pine trees, and landed on its roof in the Joseph River.
Mulcahy's 19-year-old girlfriend survived the crash with minor injuries.
ClubLink, the company that operates the Lake Joseph Club, its officers, directors and three seasonal employees face charges of permitting drunkenness on licensed premises and supplying liquor to an intoxicated person.
If found guilty, the corporation faces up to $250,000 in fines per charge; individuals are subject to as much as $100,000, said OPP Const. Maureen Tilson.
"If you are a licensed establishment and you are serving alcohol, then you need to be aware of the law because we are going to enforce that," Tilson said.
Scott Davidson, ClubLink's vice-president of corporate operations, said he could not comment on the charges as the matter is before the courts.
A court date has been scheduled for Jan. 27 in Bracebridge, Ont., about 200 kilometres north of Toronto.
Davidson, who has been with the company for more than 10 years, said the legal documents naming him and seven other officers, arrived at the company's head office.
The manager and two servers at The Water's Edge Bar and Grill, a restaurant at the club, also have been charged.
Tim Mulcahy, Tyler's father, told a Bracebridge-area newspaper last year that his son and three friends had 31 drinks over a three-hour period at the club.
Following his son's death, Mulcahy started a petition and took out a full-page newspaper ad to lobby Ontario Premier Dalton McGuinty to implement a zero-tolerance drinking policy for young drivers.
© Copyright (c) The Victoria Times Colonist