Question
Facts [1] On the evening of September 18, 2020, the plaintiff, Charles Blackbird (hereafter referred to as the plaintiff) entered the alcohol drinking establishment, Ten
Facts
[1] On the evening of September 18, 2020, the plaintiff, Charles Blackbird
("hereafter referred to as the plaintiff") entered the alcohol drinking establishment, Ten Bells Tavern and Bar ("hereafter referred to as the defendant.")
[2] Upon entering the defendant's premise as a patron, the plaintiff commenced ordering an alcoholic beverage.
[3] A sign was posted within the defendant's establishment in clear sight of the plaintiff that read, "the owner reserves the right to discontinue service to any patron at its discretion."
[4] Over the course of the evening, the plaintiff consumed several drinks and was beginning to show signs of intoxication. The plaintiff became loud and obnoxious but continued to order and was served additional alcoholic beverages.
[5] Eventually, the plaintiff's behaviour became aggressive to the other patrons, and he was asked to leave by one of the defendant's employees.
[6] When the plaintiff refused to leave and became physically aggressive, the defendant staff physically took hold of the plaintiff and forcibly removed him from the premises.In the ensuing struggle, the plaintiff fell down a flight of stairs at the bar's exit and sustained a fractured arm. The stairs in question are part of the defendant's property.
[7] The plaintiff got up from the ground and made his way to his car.The defendant employees had no further interaction with the plaintiff nor took any further action of any kind.
[8] The plaintiff made his way to his car, which was parked in a parking lot reserved for patrons behind the Ten Bells Pub and Bar and proceeded to exit the defendant's parking lot, at which time he hit an oncoming vehicle.
[9] Both the defendant and the driver of the oncoming vehicle ("referred to hereafter as the third party") suffered minor injuries and required medical attention, expenses and time off work.
[10] Both injured parties are now pursuing legal action against the defendant.
Given these facts, please turn your mind to the following questions and provide a fulsome answer.
1.What is the primary legislation that would govern this situation? Explain why you feel the legislation you have chosen applies to the facts of this case. Cite specific sections of the applicable legislation.
What areas of common law might apply to this situation and why? Defend how each of the areas you have chosen applies to the facts of this case. Remember to cite paragraph numbers in support of your answer.
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