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Issue 5: Extension of Liability to Taverns/Servers for Over-Serving Patrons Background: Canadian tort law has recently evolved to the point where it is placing an affirmative legal obligation on licensed restaurants, taverns and even individual servers to make sure that its patrons dont drink and drive. This has been extended now to ensuring that drunk patrons get safely into cabs and dont pass out and freeze outside in the cold Alberta winters. Failure to comply with this standard essentially is making businesses and servers liable for the bad decisions of others. Even the drunk people have been receiving awards despite the fact that they chose to get drunk. Proponents of this legal development argue that this is the only way to make sure that drunk people dont continue to kill innocent bystanders through drunk driving. Opponents of this legal development argue that this is unfairly placing too much onus and legal risk on small businesses, and eliminating the obligation on the drinkers themselves to exercise proper judgment. 5 The Question: BE IT RESOLVED that law in Alberta be statutorily reformed to limit the trend of imposing liability for restaurants, taverns and individual servers for all bad decisions made by their drunk patrons, and limit liability to situations where the businesses and servers are guilty of gross negligence in clearly over-serving patrons that they know are in imminent danger to themselves or to others.

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