Niblock v. Pacific national exhibition and the city of Vancouver



Niblock v. Pacific national exhibition and the city of Vancouver

Applied Law

This case is fall under Municipal Alcohol Policy with in the Liability Prosecutions and Risk Minimizations. The major purpose of imposing this law is to reduce the excessive use of alcohol and other drug abuse. The law works with communities to control this issue. In the year 1989, a Conservation Authority of Toronto becomes liable for $ 215,000 Alcohol Policy Network (1996) . It happened when numerous intoxicated campers harm the family of McGinty. However, campground is seemed to be a family place the workers and other staff did not listen. The court makes the conservation authority responsible for the act, as they were required to control the attackers. The sample case has identified that the problem occurred because of the alcohol abuse. These problems are dramatically increasing in Canada specially Vancouver. The case is related to the identification of liability of municipal policies and other volunteer workers.

The Health of Eastern Ontario strongly recommends that all municipalities that are within its territory to adopt a municipal policy on alcohol. A Municipal Alcohol Policy (MAP) which is adopted by municipalities and respected by the people can help prevent driving while impaired, consumption of alcohol by a minor (s), fights and vandalism, drunkenness in public as well as injuries and deaths.

A Municipal Alcohol Policy clearly establishes a list of places where alcohol is permitted, safe transport strategies, guidance to ensure the control of an event (number of staff required), the required training to serve alcohol, the regulations concerning the minor (s), the provision of beverages to reduce alcohol or without alcohol, food availability, the confidence needed to rent a room for a group, signage on the offense and the fines in the event of non compliance with this policy.

Court Evidence and Case

In the case of Niblock v. Pacific Nation Exhibition a man having excessive alcohol and intoxicated severely hurt after falling over a low railing on the steep stair case. Railing measured to be lower as per requirement of the building code. The wounded man sued the Pacific National and Vancouver city that both of them attribute the incident only to the man's intoxication. In the rejection of the argument the court emphasis on the British Columbian Occupier Liability Act it requires occupier to ensure that their surrounding is safe for anyone who probably enter. As there were around three licensed premises on the ground (Longchamps, 1999). The Municipality could be liable for the landlord under the Ontario Occupier Liability Act if the wound or the injury caused by the physical conditions of the facilities. Canadian Hospitality Laws Liability and Risk writers Wright & Longchamp stated that Canadian have died because of the drunk more than in the First & Second World War or in Vietnam and Korean War. The Country has become aware of the jeopardy of alcohol and transformation of consumer's emotion and physical abilities (Derbishire, Desbarats, ...