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Smart Serve Practice Test · Question

True or False: A licensee can be held liable if a customer is served alcohol and then causes harm to others due to intoxication.

True. In Ontario, both the server and the licensee can be held civilly liable under the LLCA and common law if they serve an intoxicated patron who then causes

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Question: True or False: A licensee can be held liable if a customer is served alcohol and then causes harm to others due to intoxication.

Answer options: ✅ True, under certain circumstances.

  • False, the customer is solely responsible.
  • False, only the server can be held liable.
  • True, but only if the harm occurs on the licensed premises.

Correct answer: True, under certain circumstances.

Explanation: True. In Ontario, both the server and the licensee can be held civilly liable under the LLCA and common law if they serve an intoxicated patron who then causes harm to themselves or others, whether on or off the premises. This is known as 'dram shop liability.'

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