You are closing the bar, and a patron who just stopped drinking insists they are sober enough to drive. You know they consumed at least 6 standard drinks over the past 3 hours. They refuse alternative transportation options. If you allow them to leave and drive, what is the MOST significant legal risk you and your employer face under Ontario law?

Question: You are closing the bar, and a patron who just stopped drinking insists they are sober enough to drive. You know they consumed at least 6 standard drinks over the past 3 hours. They refuse alternative transportation options. If you allow them to leave and drive, what is the MOST significant legal risk you and your employer face under Ontario law?

Answer options: ✅ A civil liability lawsuit for negligence if the patron causes an accident.

• A fine for being found to have served an intoxicated patron.
• Revocation of the establishment's liquor licence by the AGCO.
• Criminal charges for aiding and abetting impaired driving.

Correct answer: A civil liability lawsuit for negligence if the patron causes an accident.

Explanation: Under Ontario law, particularly the Occupiers' Liability Act and common law, establishments and their staff can be held civilly liable for damages caused by an intoxicated patron who they served, if it's proven they overserved the patron or failed to take reasonable steps to prevent them from driving while impaired. While fines and licence revocation are possible consequences, civil liability for negligence in case of an accident carries the highest financial and legal risk to both the server and the establishment due to potential significant damages. Criminal charges for aiding and abetting impaired driving are less common for servers unless direct involvement in facilitating the act is proven.