Sullivan and his friend Williams were having a quiet drink together one evening in a London, ON bar when they got into an argument with four men at the next table, who had obviously had a fair amount to drink and were looking for a fight. There was a brief scuffle when one of the men attacked Sullivan. The scuffle was broken up by two of the bar staff.

The bar owner had the four men ejected out the back door of the bar. He then told Sullivan and Williams to leave by the front door. They did so but were confronted by the four men who viciously attacked them, causing serious injury to Sullivan. Sullivan brought an action against the bar owner alleging that he was partially responsible for causing his injuries.

Should Sullivan succeed?