Case information

Torts – Negligence – Standard of Care – Summary judgments – Plaintiff injured as a result of being punched and falling to the ground after getting off a chartered bus returning him and one of his assailants from a bar – Claim in negligence against the commercial host, its security guard, the chartered bus company, and its driver dismissed on a motion for summary judgment – Appeal allowed and matter remitted for trial – Where it is found as a fact that a commercial host has put in place a reasonable system to keep patrons safe from foreseeable harm, how much further does the duty of care extend? – What is the standard of care applicable to bus drivers and security personnel involved in the transportation of passengers from a bar after the passengers leave the means of transportation? – What does the culture shift called for in Hryniak v. Mauldin require from appellate courts in reviewing summary judgment decisions with respect to standards of care?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

On a summer night in 2012, Ryan Turcotte was punched and fell to the ground in the parking lot of plaza in Barrie, moments after getting off a chartered bus that had returned him and a busfull of other passengers – including one of his assailants – from a resort night at a bar in the Muskokas, the Kee to Bala (the venue). As a result of the assault, Mr. Turcotte sustained a serious head injury which resulted in permanent deficits including problems with his cognitive function and memory. Mr. Turcotte and his parents sued against the alleged assailants, who have been noted in default; the venue and its security guard who was on-duty on the chartered bus, Ryan Zarosky; and the chartered bus company, First Student Canada, and its bus driver, David Ribble. Mr. Turcotte’s action in negligence claimed that the assault was foreseeable and that the venue and the bus company had failed to take reasonable care to prevent it. The venue and the bus company sought to have the suit dismissed on summary motions, which were granted. The Court of Appeal overturned the summary judgment and remitted the matter for trial, holding that the motions judge had failed to fully articulate and apply the standard of care.