The respondent, an uninsured driver, was served alcohol at the appellants' bar and subsequently injured himself in a single-car motor vehicle accident.
He brought an action against the bar for taverner's negligence.
The appellants moved to dismiss the action, arguing it was barred by s. 267.6(1) of the Insurance Act, which precludes uninsured drivers from recovering damages arising from the use or operation of an automobile.
The motions judge dismissed the motion.
The Court of Appeal dismissed the appeal, holding that s. 267.6(1) applies only to damages for vehicular negligence and does not preclude a cause of action in taverner's negligence, as the motor vehicle was merely incidental to the essence of the claim.
