Daisy's is a bar in Kingston, Ontario that is owned by two business partners, Jay and Nick. Jay is responsible for the day-to-day management of the bar, while Nick provides financing only. Daisy's is a dark, narrow space, with a bar and tables on the main level, and restrooms for customers in the basement. The basement is accessible via a flight of stairs that has a handrail and additional lighting.

Tom, a local real estate agent, is a regular customer at Daisy's. One snowy winter day, Tom comes into Daisy's and orders his usual drink, a double rum and coke. He tells Jay, who is working behind the bar, that he just closed a big deal, and that he wants to celebrate. Tom orders a round of tequila shots for himself and the other customers at the bar, finishes his rum and coke, and orders another. Approximately half an hour later, Tom gets up to use the restroom, taking his drink with him. As he walks towards the stairs, he gets a call on his cell phone and pulls it out of his pocket to answer it. Tom descends the stairs, phone in one hand, drink in the other. Moments later Jay hears a crash and a yelp from the basement. Jay rushes downstairs to find Tom lying at the bottom of the stairs, clutching his left leg. Jay immediately calls an ambulance for Tom and paramedics take him to the hospital for treatment.

A week later, Jay and Nick receive letters from Tom's lawyer advising them that Tom broke his leg when he fell down the stairs at Daisy's and notifying them Tom intends to sue both Jay, Nick and Daisy's for negligence.

What would Tom have to prove in order to receive an award of damages in this situation? If Tom was successful in proving his claim, what type of damages could he claim? What might impact the amount of damages he could receive?