National Post

Saskatchew­an sues bars that served drunk driver who killed family of four

CROWN INSURANCE

- Jennifer Graham

• Catherine McKay’s blood alcohol level was three times the legal limit when she drove into a car carrying the Van de Vorst family in January, 2016, killing a couple and their two young children.

Now, Saskatchew­an’s Crown- owned i nsurance company is suing two Saskatoon bars that served McKay alcohol.

“She was t hree t i mes over the limit and no one prevented her from driving. Someone has to be responsibl­e, and as a result of no one doing that, there was a family of four that was killed,” Earl Cameron, executive vice- president of Saskatchew­an Government Insurance, said Thursday.

“There’s a legal obligation to make sure your patrons are safe and they don’t harm themselves or someone else.”

McKay was driving an SUV that struck the Van de Vorst family’s car as it crossed a highway just north of Saskatoon on Jan. 3, 2016.

Jordan Van de Vorst, who was 34, and his 33- year- old wife, Chanda Van de Vorst, died at the scene. Their fiveyear- old daughter, Kamryn, and her two- year- old brother, Miguire, died in hospital.

McKay was sentenced to 10 years in prison af- ter pleading guilty to four counts of impaired driving causing death.

Saskatchew­an Government Insurance, known as SGI, has filed a statement of claim against the bars, Industrial Kitchen & Bar and Crackers Licensed Cocktail & Dining Room.

The claim alleges that each tavern overserved McKay and knew or ought to have known she was impaired. The lawsuit alleges the taverns allowed McKay to drive away without taking action.

It also states that the Industrial Kitchen and Lounge Corp. was aware that McKay frequently consumed alcohol at the business to the point of becoming impaired.

“I’m not going to say what the bars should have done. I’m going to say the bars, in this case, could have prevented this had someone intervened,” said Cameron. “Three times over the legal limit, I think you can tell. Let’s not sugar- coat this. Three times.”

Cameron said bars have training and rules to follow when it comes to serving alcohol and “this is a case where this person left the bar clearly intoxicate­d.”

The phone number for Industrial Kitchen & Bar was no longer in service and a link to the restaurant’s website redirected to a different restaurant.

Sean Cunningham, the owner of Crackers restaurant, said Thursday that he and partners bought the business in August, 2016 — months after McKay was served and the fatal crash occurred.

Cameron said SGI also plans to file a suit against McKay.

This is the first time SGI has filed such a claim, but similar suits have been filed in other parts of the country.

Earlier this year, a British Columbia court found that a man convicted of drunk driving and the pub that served him were jointly responsibl­e for a crash that left a pedestrian with brain damage.

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