SGI lawsuit sends ‘strong message’ to hotel industry

The Saskatchewan Hotel and Hospitality Association (SHHA) says legal action taken against two bars who served Catherine McKay alcohol before her impaired driving resulted in the death of four members of the Van de Vorst family sends a “strong message” to the industry.

On Thursday, Saskatchewan Government Insurance (SGI) announced it had filed a statement of claim against Industrial Kitchen & Bar and Crackers Licensed Cocktail & Dining Room in Saskatoon, claiming both were negligent as they served McKay alcohol on Jan. 2 and 3 in 2016.

McKay was trying to cross Highway 11 at Wanuskewin Road on Jan. 3 when she struck a vehicle carrying Jordan Van De Vorst, 34, his wife Chanda, 33, and their two children Kamryn, 5, and Miguire, 2. The parents died at the scene, while the children died shortly after in hospital. McKay pleaded guilty to four counts of impaired driving causing death in June 2016 and was sentenced to 10 years in prison in July.

Jim Bence, president and CEO of the SHHA, said Saskatchewan is still “catching up” with the rest of Canada when it comes to implementing safe serving practices, noting the province only introduced mandatory server intervention training in June 2015, which will require all employees involved in the sale of alcohol to receive training by June 30, 2018.

“It really sends a very strong message that the government is going to put some teeth behind this legislation,” he said. Adding later: “It’s a very strong message to everybody in the industry that we have to be responsible for how much alcohol we serve, because we will be held accountable for the actions of those people who do get over served.”

A release from SGI explained this is the first time it’s taken this type of legal action, but noted it has occurred in jurisdictions elsewhere in Canada.

However, some bar managers feel the lawsuit will mean even “more headaches” for those in the industry, as they feel some responsibility has to remain with the individual.

“We only can control over-serving in our establishment,” said Shelleen McAllister, a manager at the Crown and Hand Pub in Regina, noting they have no control over what a person does prior to arriving at the establishment or what they do after.

“I think people have to start being more diligent, but I don’t think it’s fair to put the blame on the establishments themselves, because after they walk out that door, we can’t control what they do after.”

Craig Hennig, who owns Buffalo Brew Pub in Swift Current agreed, calling the situation a “grey area.”

He said there’s been instances where they’ve served a person one drink and they’ve became tipsy, likely because they’ve been drinking somewhere else.

“People make choices. And sometimes, they make bad choices, and they have consequences to those choices. It shouldn’t be up to the business to regulate what their choices are,” he said. “I’ve seen people walk in here straight as an arrow and have one drink and it puts them over the edge and now I’m responsible for that person and I’ve served them one drink?”

Ryan Grills, co-owner of Saskatoon’s Rook and Raven and Yard and Flagon pubs, said he feels the legal action may have an effect as more people find out about the suit.

“I would like to think that if there’s more awareness about it, then that would equal more responsibility, at least it should,” he said.