Court of Appeal for Ontario

CITATION: Kauk v. Dickson, 2008 ONCA 97

DATE: 20080212

DOCKET: C45485

FELDMAN, MacFARLAND and WATT JJ.A.

BETWEEN:

ROSEMARIE KAUK

Appellant

and

JEFFREY JAMES DICKSON, ROBERT SHAWN MILLER, 877051 ONTARIO INC., THOMAS LAWRENCE BENKO, NANCY HARE, GIOGENIA MANAGEMENT LIMITED and SARAH SALLY HORNSBY

Respondents

Johanna Drennan for the appellant

Malcolm Scott for the respondents 877051 Ontario Inc., Thomas Lawrence Benko and Nancy Hare

Heard and endorsed: February 8, 2008

On appeal from the judgment of Justice C. A. Tucker of the Superior Court of Justice, dated September 1, 2005.

APPEAL BOOK ENDORSEMENT

[1] The trial judge was entitled to find on the record that the bar and its employees could not have reasonably foreseen that Dickson would assault anyone as a result of his drinking at the bar. Although there may well have been steps the bar could have taken to prevent the assault had it been reasonably foreseeable, because it was open to the trial judge to find that it was not reasonably foreseeable, there is no basis to interfere with the conclusion that the bar was not liable to the appellant.

[2] The appeal is dismissed with costs, if demanded, fixed at $4,000 inclusive of disbursements and G.S.T.