The Case Study (BC Liquor Law)

In the afternoon of February 17, 2012 Brad Rockwell, a sheet metal worker working on a project in downtown Vancouver, met three co-workers for drinks at the Carnival Bar & Grill. They were having "good bye" drinks for Mr. Sahanovitch who was leaving the construction company the following week to go to "sheet metal school".

The Collected Face in Carnival are:

• Rockwell and his co-workers spent about two hours at the bar between 12:30 and 2:30 pm;
• Rockwell consumed 5-6 drinks at the bar, comprised of a combination of beer and liquor; and
• Rockwell was "significantly intoxicated by alcohol" by the time he left the establishment and his ability to drive safely was significantly impaired.

After leaving the Carnival Mr. Rockwell got into his truck, along with the highly intoxicated Mr. Sahanovitch in the passenger seat, and drove down Hastings Street towards Mr. Rockwell's home in Port Moody. They stopped at one point so that Mr. Sahanovitch could purchase a six-pack of beer and a "mickey of whiskey" From Jack Liquor Store which he drank along the way.

Upon arrival at Mr. Rockwell's home the two men proceeded to drink some flavoured vodka that Mr. Rockwell had on hand. They left Mr. Rockwell's home after a span of about 15 to 20 minutes so that Mr. Rockwell could drive Mr. Sahanovitch to the Coquitlam Centre Mall where his mother would meet him and take him home.

At approximately 5:00 pm (2.5 hours after leaving the Carnival Bar & Grill) at a blind turn on Guildford Way, Mr. Rockwell "gunned" his truck to get ahead of an approaching vehicle, causing his truck to fishtail in the then pouring rain. Mr. Rockwell lost control of the vehicle, mounted the sidewalk, and struck Mr. Widdowson.

The RCMP arrested Mr. Rockwell at the scene. The arresting officer described Mr. Rockwell as rambling and profane with slurred speech; he was literally falling down drunk. Although Mr. Rockwell's blood alcohol content (BAC) was not tested at the roadside, the court accepted as a fact based on later bloodwork that at the time of the accident Mr. Rockwell's BAC was .334, more than four times the legal limit.

Considering if "Dram Shop Act" like the Commercial Establishment serving Alcohol Liability Discuss the Following

Question

Can Carnival Bar & Grill be held liable for the accident? If yes, what should have been done by Carnival Bar and Grill to reduce the liability?