Stewart v Pettie

Stewart v Pettie, [1995] 1 SCR 131 is a leading decision of the Supreme Court of Canada on the duty of care owed by commercial establishments serving liquor.

At trial the judge found that the dinner theatre could not have been aware of Stuart's degree of intoxication and did not impose liability based solely on the number of drinks served.

The Supreme Court held that the Mayfield investments (owners of the theatre) did not breach the duty that they owed to Gillian Stewart.

Major J. examined the previous cases of Crocker v. Sundance Northwest Resorts Ltd. and Jordan House Ltd. v. Menow, finding that they confirmed the existence of a duty to third parties who are reasonably expected to pose a risk.

In an obiter dictum, Major mused that even if there was a breach of the standard of care, it was not clear if a warning by Mayfield would have resulted in a different choice of driver.