The Defendant tavern had a bus service that picked up, and later dropped off, cottage country patrons. On the return voyage, an argument broke out and the security guard on the bus called the police and asked for the police to meet the bus at the drop-off spot. When the bus arrived at the drop-off location, the police were not there. The driver and security guard let the Plaintiff off the bus first so that he could escape, but the Plaintiff did not leave. The Plaintiff was subsequently beaten and sustained a serious head injury. The motion judge granted the Defendants’ summary judgment motion. The Ontario Court of Appeal found that the motion judge had incorrectly applied the standard of care analysis, set the decision aside, and ordered the matter to trial.
