All Posts by Dan Coles

Commercial Host Liability in British Columbia

On March 8, 2017 Mr. Justice Kent of the Supreme Court of British Columbia released his reasons in Widdowson v. The Cambie Malone’s Corporation – British Columbia’s most recent decision on commercial host liability. The court found the Cambie Malone’s liable for over-serving a patron who later struck Mr. Widdowson with his truck, causing him severe injuries, including brain damage.

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Liquor Law Enforcement in Resort Communities

Licensees who operate in vacation destinations or resort communities know that that many of their patrons are visiting from away, and are in town to relax. Customers may be from foreign jurisdictions where the laws and culture surrounding the service and consumption of alcohol are very different than they are here in British Columbia; alternatively their customers may very well know the local laws and restrictions but feel that the laws should be as relaxed as they are.

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2016 BC Liquor Control and Licensing Act Contravention Statistics

From time-to-time the Liquor Control and Licensing Branch releases compliance and enforcement statistics. The most recent statistics on licensee contraventions of BC’s liquor laws are for the period between January and October, 2016. Alcohol & Advocacy has previously written on this issue for the period between January, 2010 and  December, 2013, and that article can be found here.

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Persephone Brewing ordered to move from Agricultural Land Reserve

Craft beer darling, and Sunshine Coast favourite Persephone Brewing Company has been given two years to relocate its facilities off its current premises in British Columbia’s Agricultural Land Reserve (ALR). On December 19th, 2016 the Agricultural Land Commission (South Coast Panel) released the reasons of its decision not to permit Persephone to continue to operate at its 11 acre property located at 1053 Stewart Road in Gibsons, BC. The reasons can be found here.

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Toronto Distillery Company unsuccessful at Court of Appeal

It’s fitting that after a year of significant liquor law announcements, reforms, and court cases coming from across the country, the Ontario Court of Appeal would release a liquor law decision just before the start of the New Year. While the result was unfortunate for the Toronto Distillery Company, and affirms a common practice used by liquor control boards to extract tax revenue from small producers, it does provide food for thought for liquor lawyers from coast-to-coast.

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Liquor Law Reform in Canada

In the 1920s, as Prohibition in Canada was on the retreat, the federal government and each of the provincial governments were in agreement that liquor sales and consumption needed to be tightly controlled. To facilitate this agenda each province created a liquor control board that monopolized the wholesale purchasing, pricing, and retailing of alcoholic beverages under a heavily regulated regime.

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