James Vs Kegans Waterfront Bar- Case Study #2

James and his friends attended a backyard BBQ at a private home in Muskoka Ontario, where there were approximately 35 guests. James and his friends stayed at the party for several hours having drinks of beer and vodka Jell-O shots.

At some time during the BBQ James and his friends decided to go somewhere else and left, driving to Kegan's Waterfront Bar. When they arrived at the location, they sneaked in through the back doors because there were a few members of the group including James who were underaged.

During his time there, James consumed beer, mixed drinks and shots. Around 12:30 am the group decided it was time to leave at which time James told his friends that he needed to use the bathroom and decided to urinate off the dock at "Kegan's Waterfront Bar" into the lake. His friends watched him walk to the end of the dock, lean against a pole and begin urinating. Shortly afterwards James fell into the lake.

His friends ran to the dock and did not see him come back to the surface. A few of his friends jumped in after him, but it was too late. His body was eventually recovered from the lake by the Coast Guard and he was officially pronounced dead.

Questions

1. Can James's next of Kin sue anybody in regards to this situation. If no why not, if yes, why and who can they sue?

1. If this case did go to court what grounds could be used to file a claim?

1. If you were the judge in this case how would you rule?