Three people and a Boston Pizza in Oshawa have been charged with selling liquor to an intoxicated person who was killed crossing the road in November.
Police have charged three people and a Boston Pizza in Oshawa with selling liquor to an intoxicated person who was later killed crossing the road.
According Durham Regional Police, a 36-year-old man died in hospital after he was hit crossing Taunton Rd. at about 1 a.m. on Nov. 21, 2013.
It is alleged the man, who has not been indentified, was served alcohol at Boston Pizza despite being drunk before the accident happened, according to police.
The restaurant and three people have been charged under the provincial Liquor Licence Act, but details about their alleged roles have not been released.
Staff at the Oshawa location are “devastated” by the incident and are co-operating with police, according to a statement from Boston Pizza International.
Kirandeep Khaira, 53, Harinder Brar, 48, both from Brampton, and Alicia Bruneau, 24, from Whitby, have been charged with selling liquor to an intoxicated person. Boston Pizza faces the same charge.
Sale to intoxicated person
29. No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated. R.S.O. 1990, c. L.19, s. 29.
39. The following rules apply if a person or an agent or employee of a person sells liquor to or for a person whose condition is such that the consumption of liquor would apparently intoxicate the person or increase the person’s intoxication so that he or she would be in danger of causing injury to himself or herself or injury or damage to another person or the property of another person:
1. If the person to or for whom the liquor is sold commits suicide or meets death by accident while so intoxicated, an action under Part V of the Family Law Act lies against the person who or whose employee or agent sold the liquor.
2. If the person to or for whom the liquor is sold causes injury or damage to another person or the property of another person while so intoxicated, the other person is entitled to recover an amount as compensation for the injury or damage from the person who or whose employee or agent sold the liquor. R.S.O. 1990, c. L.19, s. 39.
Part V of the Family Law Act:
Right of dependants to sue in tort
Offer to settle for global sum
Assessment of damages, insurance