The moving parties, two commercial establishments, sought leave to appeal the dismissal of their motions for summary judgment.
The plaintiff had sustained a severe traumatic brain injury after falling down stairs at a rented chalet following a night of drinking at the moving parties' establishments.
The moving parties argued their duty of care ended when the plaintiff reached the chalet.
The court dismissed the motions for leave to appeal, finding no reason to doubt the correctness of the motion judge's decision that foreseeability of risk and the sobriety of the plaintiff's companions were issues requiring a trial.
