04 07 1994 RAC Agenda
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ORO-MEDONTE RECREATION ADVISORY COMMITTEE MEETING
AGENDA
Thursday, April 7, 1994 @ 7:00 p.m.
1.
Minutes of the March 3, 1994 Meeting
2.
Disclosure of Pecuniary Interest and the General Nature
Thereof - In Accordance with The Act
3.
Disposition of the March 3, 1994 Recommendations to
Council:
4.
Deputations:
a)
Cheryl Pritchard-McPherson re: facts
about new Oro-Medonte Minor Baseball
Association;
7:10 p.m.
b)
Jim Partridge, Oro-Medonte Minor Ball
Association;
8:10 p.m.
5.
Correspondence:
a)
The Ganaraska News, spring 1994 (for information);
b)
M. Harber, Program Consultant, Adiction Research
Foundation re: follow-up and thank you for the
opportunity to address the Committee.
6.
Parks & Recreation Supervisor Monthly Report:
a)
Town of Midland By-Law No. 94-16, A By-law to establish
an Alcohol Risk Management Policy for the Community
srvices Facilities;
b)
Review of 1993 Year End Report (Motion from meeting of
March 3, 1994);
c)
Warden's Picnic;
7.
Committee Chairman's Report:
a)
O.M.C.H.B. Association - Booking Procedure;
b)
Allocation Policy;
8.
other Business:
9.
Adjournment
!\C.N
K. Menzies,
Planner C. of
Patterson Agree
nent re: dog
kennel B25/93
(Medonte)
K. Menzies,
Planner re:
C;ity of Orillia
Retail Facility
tlwy 11/12. To
also obtain
info from
Severn Twp if
any concerns
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- 3 -
MOTION NO.6
Moved by Beard, seconded by Dalziel
Be it resolved that the report from Kris Menzies, Planner
regarding Patterson Severance Application B25/93 (Part Lot 4,
Conca 7 formerly Medonte) be received and adopted and further,
the Mayor and Clerk be authorized to execute the Agreement and
necessary documentation to be subsequently Registered on Title at
the owners expense.
carried.
MOTION NO.7
Moved by Martin, seconded by Dickie
Be it resolved that the report from Kris Menzies, Planner,
regarding City of Orillia Commercial Application Gateway Power
Centre (Retail Facility, Highway 11/Highway 12) be received and
adopted.
Carried.
:;. Cunnington, MOTION NO.8
C;AO, Renegotiat
C;ontracts with Moved by Martin seconded by Caldwell
Barrie/Orillia/ '
\f~dlan~/Coldwat .rBe it resolved that the report from Gary cunnington,
L1brar1es. Administrator, regarding 1994 Library Services be received.
Report back to
C;ouncil.
D. Shoebridge,
c;1erk. Letter t
tl. Alkema re:
\fD Month of
July
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Carried.
MOTION NO.9
Moved by Dalziel, seconded by Crawford
Be it resolved that the correspondence from Harry Alkema,
Committee Chairman, Trehaven Muscular Dystrophy Golf Tournament,
be received and the Township of Oro-Medonte officially declare
the month of July 1994 as Muscular Dystrophy Month and will
participate in a flag raising ceremony on a date yet to be
determined by the Committee.
Carried.
MOTION NO. 10
Moved by Dalziel, seconded by Beard
Be it resolved that the Minutes of the Oro-Medonte Recreation
Advisory Committee Meeting held March 3, 1994 be received.
Carried.
MOTION NO. 11
Moved by Beard, seconded by Mortson
Be it resolved that Report No. 94-4 of the Committee of the Whole
Meeting held March 9, 1994 be received and the recommendations
contained therein be adopted.
carried.
'l..C8N
;. Cunnington,
~AO, Letter to
1993 P. & R.
~ommittee Chair
). Broderick,
). & R. Super.
:0 review
,ecommendations
)f year end
~eport @ next
~ommittee
1eeting.
). Broderick,
). & R. Super.
,e: adoption
)f 1994 rates
[or facilities
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C. Menzies,
)lanner, Appl.
)17/92 Miller
~o proceed to
)ub. mtg when
)MAFRA comments
,eceived.
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Noodlands
~oning By-law
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- 4 -
MOTION NO. 12
Moved by Dickie, seconded by Caldwell
Be it resolved that a letter of Appreciation be forwarded by the
Chief Administrative Officer to the 1993 Chair of the Parks and
Recreation Committee and further that the recommendations
contained within the year end report be reviewed at the next
meeting of the Recreation Committee.
Carried.
MOTION NO. 13
Moved by Bell, seconded by Mortson
Be it resolved that the recommendations of the Parks and
Recreation Supervisor regarding the 1994 rates for recreation
facilities be adopted as amended.
Carried.
MOTION NO. 14
Moved by Dalziel, seconded by Bell
Be it resolved that the Minutes of the Oro-Medonte Planning
Advisory Committee Meeting held Thursday March 10th, 1994 be
received.
Carried.
MOTION NO. 15
Moved by Martin, seconded by Dickie
Be it resolved that the development application P17/92 (Miller,
Part Lot 20, Cone. 10, Oro) for an Official Plan Amendment and
Zoning By-law Amendment proceed to a Public Meeting upon a
favourable comment from the ontario Ministry of Agriculture Food
and Rural Affairs.
carried.
MOTION NO. 16
Moved by Dalziel, seconded by Mortson
Be it resolved that By-law No. 94-58 being a By-law to rezone Pt.
Lot 35 and 36, Cone. 1 be read a third time and finally passed,
be engrossed by the Clerk, signed and sealed by the Mayor.
Reeve Caldwell requested a recorded vote.
Deputy Mayor Beard
Councillor Bell
Reeve Caldwell
Councillor Crawford
Deputy Reeve Dalziel
Councillor Dickie
Councillor Martin
Councillor Mortson
Mayor Drury
Nay
Yea
Yea
Yea
Yea
Nay
Nay
Yea
Yea
carried.
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President's Message
SPRING 1994
Let's All Celebrate G.T.A's 25th Birthday!
At the Executive Meeting in April, your President will be asking each club for their personal commitment to G. T.A.'s
25th Anniversary. What is your commitment?
Twenty-five years ago, the founding members expressed their dream by stating the goal of the Association to be
"The establishment and maintenance of a hiking trail for public use from Port Hope to the Bruce Trail near
Collingwood ... dedicated to the conservation of our natural resources". During the following period, the trail
standards have been generally accepted by all clubs, however, this year at the Executive meeting a formal
statement of standards, in keeping with those original goals, will be presented, and if accepted, printed in the Fall
Newsletter and presented at the AGM for official adoption.
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During the past 25 years, the clubs in Peterborough and Orillia were formed, then Barrie and Midland, and now
Alliston - Angus. (Welcome to Boris Swidersky as new landowner - owner relations officer). Each club made a
commitment to take a portion of the trail as their personal section. This past period has seen Peter Verbeek, Rob
Butler and their crew develop the Wilderness Section and in the foreseeable future it will be open to qualified and
equipped hikers.
Peterborough plans a compiete end-to-end inspection to check all areas that need maintenance or re-routing.
Peter Verbeek has called on volunteers to do the same in the Lakeshore area.
There is completion of the Midland Trail to Wye Marsh and temporary blazing to Wasaga Beach. Could the loop to
the Collingwood area become Midland's birthday celebration party?
How will your club celebrate? And what will your own contribution be to your club and to the Association?
Hike Ontario has scheduled a trail audit (Wilderness exempted) for this year. Will your section of the trail be
properly blazed and accessible to the public?
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It's a time to re-evaluate your commitment to the Association. You can give of your time, your knowledge, your
skills. Or if you feel a financial commitment is all you can do, then the Treasurer is happy to give you a tax
exempt receipt. But, please, do give a birthday present! Make a commitment to the dream that created the
Ganaraska Trail.
President, Dorothy Burrus
Reprinted from:
Girl Guides of Canada Ontario Camping, Winter Camping Skills II
WINTER CAMPING SKILLS II . KEY WORDS PUZZLE
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WORD LIST
Burning
Conduction
Evaporation
Hypothermia
Liquids
Protein
Respiration
Snowshoes
Water
Wind
Carbohydrates
Convection
Fats
insulation
Numbness
Quinzhee
Shivering
Speech
Waterproof
Windproof
Clothing
Dry
Frostbite
layers
Prevention
Radiation
Snovels
Toboggan
Waxy
Zanie
** NEXT
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DESCRIPTION OF THE NEW PART OF THE WILDERNESS SECTION
The Wilderness Section of the Ganaraska Hiking Trail is deemed to start on Highway 35, where the
Black Lake Road starts, in the Village of Moore Falls. Note: This trail is of MEDIUM difficulty.
MAP 14 & 15
KM:
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0.0 Highway #35 and Black Lake Road, Moore Falls
0.1 Parking place in a grassy area to the left, just before
(1 sign that says, PRIVATE - BLACK LAKE
RESIDENTS ONLY.
Note Well: Do not take cars onto the Cottage Road!
1.1 Trail turns right into the bush, and continues through
bush and at the side of a swamp that turns into a
beaver pond, (FAIRY POND).
2.3 A small stream with a beaver dam. Past beaver dam
is a crossing, and below crossing is FAIRY FALLS.
Trail proceeds with a swamp on the left and high
rocks on the right. When the swamp peters out the
trail goes in a northwesterly direction until it reaches
a footpath near the Black Creek, then follows that pat
until the bridge over the Black Creek.
5.3 Bridge over Black Creek. The trail goes up the hill
and meets the snowmobile trail; then follows that trail
westward.
7.8 Scrabble Mountain. Grave marker of Aldie LeCraw.
Trail proceeds in a north-northeasterly direction.
8.5 Deep gully. Trail goes down in and up the other side.
Trail goes in a general northerly direction, keeping a
large swamp (Perkins Meadow) on the right. There
are several deep gullies.
10.4 Snowmobile bridge over creek in a deep gully. Trail
follows snowmobile trail in a northerly direction
13.0 PETTICOAT JUNCTION. Junction with the trail
coming from Devil's Lake. There are direction signs
attached to a tree.
From Petticoat Junction to Sheldon Lake Landing is 1.7 km
From Petticoat Junction to Devil's Lake parking lot is 5.3 km
The car shuffle from Devil's Lake to the parking area at
Moore Falls is 7 km.
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NEWS FROM THE WILDERNESS
1993 was a good year for the Wilderness Section! We did a lot of work to improve the trail. I thank
Harold Powell, Bob Wilson, Glen Bagley, Ron Wallace, Rob Butler and Paul McCreath, for their help in
improving the marking of the Wilderness Trail. I admire and congratulate the eleven people who
succeeded in hiking the Wilderness Section from end-to-end:
Adam Zakrzewski, King City
Robert Campbell, Barrie
Ron Wallace, Cameron
Rob Butler, Toronto
Boris Swidersky, Everett
Wanda Ferguson, Mississauga
Timo Viitanen, Agincourt
Trevor Armstrong, Mansfield
Shelley Greer, Barrie
David Wardlaw, Oshawa
Mary Jean Crawford, Barrie
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We also increased the Wilderness Section by taking the trail off the Deep Bay Road, north of Moore
Falls. We had a lot of help with that and I want to thank Rob Butler, Dieter Viereck, Les Campbell and
Jessie Duchene for their help. I also want to thank Mr. & Mrs. Bill Valentine, the Black Lake
Conservation Group Inc., Mr. Peter A. Love and Mr. Joe W. Mathewson for giving us permission to have
the trail on their property. Also a thank you to Steve Berry of Prentice-Berry Ltd. in Minden for the
information he gave which started the ball rolling on getting the trail off the Deep Bay Road. In 1994,
we will continue to improve the trail in the Wilderness Section. If you are interested in helping with that,
please give me a call. On May 7 and also June 11, 1994, we will inaugurate the new part of the trail with
a hike from Moore Falls to Devil's Lake, a distance of about 18 KM. I invite all of you, especially the hike
leaders, to come and hike this new part of the trail. In September, we will have the 3rd Annual
Wilderness Section end-to-end.
Peter Verbeek
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wø
~ What makes a trail?
A WORD FROM THE TRAIL CO-ORDINATOR
Who makes a trail? The answer Is of course: ALL OF USI
In 1994, the Ganaraska Trail will have its 25th Anniversary. The trail was born out of a dream in
1969. It came about and was continued by the actions of thousands of people. If you become a
member of our Association, you help to make the trail. If you hike the trail, lead a hike, take part in a
car shuffle, remove a branch to make a blaze more visible, move a branch from the trail, pick up
some garbage, paint a blaze, help to organize or join a committee, your help to establish and improve
the trail.
We would like to honour those who had the vision to start the trail, and those who continued it. We
would like to commemorate this event, by improving the marking of the trail, by improving the location
where possible, by holding special hike events and by letting everybody in the various communities
know about us. President Dorothy has asked me to be the Trail Co-Ordinator and I have agreed to
do this task for two years. But, I CANNOT do it by myself.
In the Spring, we will start a project to re-blaze the whole trail. Can you help? We are also looking
for places where we can find a better route for the trail. Can you make any suggestions? Can you
help make é1 re-route? If you can contribute, please let me know. In the fall we will have an Honour
List of all those who have helped to make our trail better in 1994.
Peter Verbeek, 24 Romulus Dr., Scarborough, ON M1K 4C2 (416) 757-3814
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P.S.
Our trail needs a lot of TLC to keep it in good condition! Can you adopt a small part of the
trail in your vicinity, to look after it and maintain it? If so let me know what part you would like
to adopt!
--------.----------------------------------------------------------------------
-- - -- - -- - - - ----- - - - ------------------------------------------------------------
LAKESHORE SECTION
"GO TO BLAZES" WEEK-END - APRIL 23 & 24, 1994
On April 23 & 24th, 1994, we are going to have a BLITZ to get the Lakeshore Section trail marking in
tip-top shape. When we are done, it will be the best marked Section of the Ganaraska Trail. CAN
YOU HELP? If you can wield a paint brush, or clippers to remove branches from around trail
markers or help with car shuffles, WE NEED YOU! Please let me know as soon as possible, by
writing or phoning, that I can count on YOU!
PETER VERBEEK (416) 757-3814
24 Romulus Dr., Scarborough, ON M1 K 4C2
YES
I would like to help on April 23 & 24th, 1994, I can bring:
-- Paint Brush Clippers - Hammer and 2" nails - I can help with car shuffle.
Other
NAME:
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ADDRESS:
PHONE:
P.C.
25 .9lnnivers arg
Ganaraska Hiking Trail Association
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In 1994 the GANARASKA HIKING TRAIL will commemorate its 25th Anniversary. We invite
all of you to join us in the following hikes:
Saturday May 7 and Saturday June 11, 1994
Hike the new part of the Ganaraska WILDERNESS Section from Moore Falls to Devil's Lake.
Distance: 18 km - Medium Difficulty
Meet at: Devil's Lake parking lot, 6.5 km north of Moore Falls, off the Deep Bay Road
Time: Before 8:30 A.M.
Pre-Registration required: Call or write: Peter Verbeek
(416) 757-3814 24 Romulus Drive, Scarborough, Ontario M1K 4C2
Saturday, September 19, 1994
3rd. ANNUAL GANARASKA WilDERNESS END-TO-END!
A day hike in the Ganaraska Wilderness Section from Victoria Bridge to Sadowa. If you
have not done backpacking before you should use this hike as a dress rehearsal for the
weekend hike of September 24th and 25th.
Meet at: 1/2 km east of Sadowa Time: Before 8:30 A.M.
Distance: 20 km - Medium Difficulty
Pre-registration required: Call or write: Peter Verbeek (address above)
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Sunday, September 11, 1994
A day hike in the Ganaraska Wilderness Section from Moore Falls to Devil's Lake.
Another opportunity to practice backpacking!
Meeting time and place to be announced at September 10th hike.
Pre-registration required: Call or write: Peter Verbeek (address above)
Saturday and Sunday, September 24th and 25th, 1994.
A weekend backpacking hike in the Ganaraska Wilderness from
Devil's Lake to Victoria Bridge, camping overnight at Loon Lake.
Limited to those who have done the hikes on September 10th and
11 th and have been accepted by the leader. Limited numbers so
register early!
Meeting time and place to be announced at September 11 th hike.
Pre-registration required: Call or write: Peter Verbeek (address above)
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Tuesday, April 26th, 1994
JOINT G.T.A./B.T.A CAR HIKE! 14.6 km, moderate difficulty
HIKING ON
THE G.T.A. TRAIL
with
ADAM ZAKRZEWSKI
(905) 833-3885
The Orillia Section End-to-End (#2 of 4 hikes). Bass Lake to the Narrows. The last few
kilometres of this hike run through the streets of Orillia.
Meet at: North end of 13th Line, (edge of Bass Lake), approximately 1/4 km north of Map 21
(Ref. .49.6 km) at 10:00 AM.
Tuesday, May 10th, 1994
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JOINT G.T.A./B.T.A CAR HIKE! 14.3 km, moderate difficulty
The Orillia Section End-to-End (#3 of 4 hikes). The Narrows to Hwy. #169! This hike runs
entirely on country roads.
Meet at: Narrows restaurant (the north side of Hwy. 12, just west of Narrows) at 10:00 AM.
Tuesday, May 24th
JOINT G.T.A./B.T.A CAR HIKE! 20.7 km, moderate difficulty
Some swampy
The Orillia Section End-to-End (#4 of 4 hikes). Hwy. #169 to Sadowa.
sections are likely depending upon the weather.
Meet at: Narrows restaurant
(North side of Hwy. 12, just west of Narrows)
Time: 10:00 AM.
END-TO-END HIKERS
The following people have completed the end-to-end hike of the Barrie Section and were
presented with the Chevron:
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Cliff Mulligan
~ Sallie Smyth
qv4C~ 1 , ~
Q.UI\C~,,", ? . ~~.. 6,..(3).
QuI' {\ ( ? ~\
~~'~
Adam Zakrzewski (Leader)
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WYE MARSH WilDLIFE CENTRE
Nature Activities
The Wye Marsh Wildlife Centre, located on Hwy. 12, Midland, is a year round, non-profit,
environmental awareness facility. Call Activity Director, Robin Tapley (705) 526-7809 for any
further information.
Admission is $5.00/Adults; $3.50/Students or Seniors, (Members Free).
April 3rd, 1994
Easter Sunday at the Centre! Join us for a day of guided walks, waterfowl observation and
children's crafts.
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Hours 10:00 AM. to 4:00 P.M. Daily
April 21 st, 1994
Trumpeter Swan Fundraising Dinner and Art Auction. Proceeds to the Friends of Wye
Marsh. Call for reservations and ticket prices, (Income tax receipts available).
May 8th, 1994
Mother's Day Outing! Enjoy a nature walk along the berms and trails to view the Trumpeter
Swans. Mom's are free on this Special Day.
May 28th, 1994
Annual White Swan Swim on the Coldwater River! Tickets $5.00 each, proceeds to Centre
and Midland Environmental Programs. Cheer on your numbered plastic swan as it races
downriver and enjoy crafts and parade, as well as great prizes.
Activities 11 :00 AM. - Race at 1 :00 P.M.
June 19th, 1994
Father's Day Activities! Bring Dad out for a nature walk along the boardwalk.
Dads are free.
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ORILLIA TURTLES
All hikes are easy - duration about two hours. Our aim is to enjoy the outdoors, not distance or
endurance. This is an ideal walking program for seniors, "almost" seniors, beginning walkers, or
people new to the area. Please note: several of the hikes are beginning at 6:00 P.M. in order to give
us more daylight!
April 5th
Uhthoff to Division Rd.
Leader: Chris Rowe 325-5285
Meet at: Wilson's Point
Time: 6:30 P.M.
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April 12th
Uhthoff to Hydro Line
Leader: Dorothy Burrus
Meet at: Division Rd.
Time: 6:30 P.M.
326-7221
April 19th
Uhthoff to North River Bridge
Leader: Noreen MacLennan 327-2553
Meet at: Hydro Line on 6th Concession
Time: 6:30 P.M.
April 24th
Sunday visit to Wye Marsh
(See returning waterfowl)
Admission Fee: ??
Meet at: Morningstar Park
Time: 12:30 P.M.
April 26th
Lightfoot Trail to Wilson's Point???
Leader: Dorcas Craigie 326-0705
Meet at: Greenhouse Couchiching Park
Time: 6:30 P.M.
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May 3rd
Lightfoot Trail to Forest Ave???
Leader: Dorothy McRobb 327-2316
Meet at: Greenhouse Couchiching Park
Time: 6:30 P.M.
May 10th
Rugby Estates to 10th Concession
Trail grooming - bring your own tools
and eagerness!
Meet at: Morningstar Park
Time: 6:30 P.M.
May 17th
Barbecue in the Park
Leader: Joan Graalman 325-4026
Bring your own makings for Pot Luck
Meet at: Bass Lake Park
Time: 6:00 P.M. (Note time change)
May 22nd - This Is a first!
A day looking for morels, Dorothy says
she will share one/two of her secret locations
Leader: Dorothy Burrus 325-7221
Meet at: Morningstar Park
Time: 12:30 P.M.
May 24th
G.T.A. Trail from 10th to 8th Concession
Leader: Guenther Lutzmann 325-2686
Meet at: Morningstar Park or 10th Concession
Time: 6:30 P.M.
May 31st
G.T.A. Trail from 7th Concession to Sugarbush
Leader: Lillian Currie 487-3700
Meet at: Morningstar Park or 7th Concession
Time: 6:30 P.M.
Turtles Continued:
June 7th
G.T.A. Trail from Townline to 2nd Concession
Trail grooming, bring you own tools
and eagerness.
Meet at: Morningstar Park or Townline
Time: 6:30 P.M.
June 14th
McRae Provincial Park
Leaders: Doreen/Frank MacDonald 325-2348
Meet at: Morningstar Park or Park gates
Time: 6:30 P.M.
June 19th - (Victoria Bridge area)
Short hike and picnic in Wilderness
Bring your own makings for bonfire cooking
Meet at: Morningstar Park 12:30 P.M.
June 21 st
G.T.A. - North of #169
Leader: Dorothy Burrus 326-7221
Meet at: Morningstar Park
Time: 6:00 P.M.
June 28th
Rugby Estates Loop (a real favourite)
Leader: Guenther Lutzmann 325-2686
Meet at: Morningstar Park or Rugby Estates
Time: 6:30 P.M.
JULY. TALL SHIPS
When dates are known we plan an
ALL CLUB OUTING to Penetanguishene
July 5th
G.T.A. north of Monck Rd.
Leader: Joan Graalman 325-4026
Meet at: Morningstar Park or Townline
Time: 6:30 P.M.
July 12th
Oro Trails - with Oro Trail Club
Leader: Jane Blackstock 721-0483
Meet at: Morningstar Park
(carpool to starting point in Ora)
Time: 6:00 P.M.
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July 19th
Copeland Forest (many varied trails)
Leader: Maureen Maquire 326-9953
Meet at: Morningstar Park or East Gate
Copeland Forest
Time: 6:00 P.M.
July 26th
7th Concession to Sugarbush
Leader: Norine McLennan 327-2553
Meet at: Morningstar Park
Time: 6:30 P.M.
August 2nd
Scouts Valley
Leader: Chris Rowe 325-5285
Meet at: Morningstar Park
Time: 6:30 P.M.
August 9th
West St. N. County Forest &
Uhthoff Trail
Leader: Dorothy Burrus 326-7221
Meet at: Division Rd. parking lot
Time: 6:30 P.M.
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August 14th
Springwater Provincial Park
Picnic/Hike, visit the zoo?
Meet at: Morningstar Park
Time: 12:30 P.M.
August 16th
McRae Provincial Park
Leader: Hugh Rowlinson 325-3160
Meet at: Morningstar Park or Park Gates
Time: 6:00 P.M.
August 23rd
Rugby Estates
Leaders: Ken/Julie Belter 327-1570
Meet at: Morningstar Park
Time: 6:00 P.M.
August 30th
Bass Lake Provincial Park
Leader: Dorcas Craigie 326-0705
Meet at: Morningstar Park or Park Gates
Time: 6:00 P.M.
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ORILLIA SPRING HIKE PROGRAM
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Note: Our new meeting place is Morningstar Park situated across from the Orillia O.P.P. Station
(Hwy. 12B and Mississaga St. W.)
March 13th
Joint Hike with Toronto Bruce Trail Club
Loop hike at an easy pace in the Copeland
Forest using ski trails and the Ganaraska Trail
Leaders: Paul/Gay McCreath 325-6001
Meet at Granny's Restaurant Craighurst
Time: 11 :00 A.M. Distance: 14 km
May 15th
Wye Marsh, loop hike through hardwood bush
and along abandoned rail line. Scenic view of
Wye Marsh and Georgian Bay
Leader: Harold Powell 326-2168
Time: 9:30 AM. Distance: 13 km
(Shorter route possible)
Pace: Moderate
April 10th
Head River, loop hike over the limestone
plains to Twin Rapids on the Head River
(Due to early spring conditions, wear proper
footwear)
Leader: Bob Wilson 835-6470
Time: 10:00 A.M. Distance: 10 km
Pace: Moderate
May 22nd
Oro Township
Hike from Bass Lake Sideroad and the 7th
Concession of Oro and loop between the 6th
and 8th Concessions
Leader: Dave Sarjeant 487-2930
Time: 10:00 A.M. Distance: 10 km
Pace: Moderate
8
April 24th .
Oro Township - All Club Joint Hike
Hike to Ganaraska Trail from Bass Lake
Sideroad (7th Concession) to Rugby Estates
Leader: Glen Bagley 325-2100
Time: 10:00 A.M. Distance: 10 km
Pace: Moderate
8
BARRIE HIKES
8
We also Invite you to join our popular Thursday hikes, for Information phone:
Joyce: 424-1507 Gloria: 728-3229 Yoke: 728-5718
Sunday, April 10th
Kolapore - Bruce Trail
contact: Walter Lohaza 722-4782
Meet at: Burger King
Time: 8:30 A.M. Distance: 20 km
Moderate to difficult
Sunday, May 29th
Minesing Swamp
Contact: Robert Campbell 737-3639
Meet at: Burger King
Time: 9:00 AM. Distance: 14 km
Moderate to wet
Sunday, April 17th
Mono Centre
Contact: Brian Vink 728-5718
Meet at: Burger King
Time: 9:00 A.M. Distance: 12 km
Moderate
Sunday, June 5th
Joint hike with Midland Club
Wildman Forest
Meet at: Tim Hortons Midland 10:00 A.M.
or Burger King Barrie at 9:15 A.M.
Sunday, April 24th
Joint hike with Orillia Club
Contact: Brian Vink 728-5718
Meet at: Burger King
Time: 10:00 A.M.
Sunday, June 12th
Pretty River
Contact: John Ummels 722-0120
Meet at: Burger King
Time: ???? Distance: 12 km
Moderate to difficult
8
Sunday, May 1 st
Horseshoe Valley to Gill Road
Contact: Ron Paul 726-8678
Meet at: Burger King
Time: 9:00 A.M. Distance: 16 km
Moderate to difficult
Sunday, June 19th
Creemore Area
Contact: Brian Vink 728-5718
Meet at: Burger King
Time: 9:00 AM. Distance: 10 km
Sunday, May 8th
Petun Loop - Bruce Trail
Contact: John Ummels 722-0120
Meet at: Burger King
Time: 9:00 A.M. Distance: 14 km
Moderate to demanding
Sunday, July 10th
Evening hike - Midhurst area
Contact: John Ummels 722-0120
Meet at: Midhurst Community Hall
Time: 6:00 P.M.
Fri./Sat./Sun., May 20th - 23rd
Camping Weekend - Cape Croker
Hiking Bruce Peninsula
Contact: ,Joyce Walker 424-1507
TUESDAY, May 17th
BARRIE CLUB ANNUAL MEETING
Hike, Barbecue - Springwater Park
R.S.V.P. Shelagh 722-6689
Meet at: Burger King
Time: 5:30 P.M. for car pool
or 6:00 P.M. at Springwater Park
Cost: Food $3.00 per person
Bring your own refreshments, plates & cutlery
Sunday, May 15th
Wye Marsh - Joint hike with Orillia Club
Contacts: Brian Vink 728-5718
or Harold Powell 326-2168
Meet at: Burger King Time: 9:00 A.M.
8
8
PETERBOROUGH - SPRING HIKING SCHEDULE 1994
There is only one scheduled hike in the Ganaraska Forest. It is on our traill No decision from the
Forest Authority about group membership or daily user fees at time of this printing. We hope to have
some positive news by our Fall Program.
Note: Between April 11 & May 15, Peter Verbeek will be supervising the re-blazing from Port Hope to
Moore's Falls. Anyone wishing to help contact Peter at (416) 757-3814.
(See further details elsewhere in Newsletter).
Sunday, April 3rd
A-loop hike in the Northumberland County
Forest, north of Cobourg
Leader: Linda Chopping 778-7842
Meet at: Hwy. #45 & County Rd #9
Distance: 14 km Time: 10:00 A.M.
8
Sunday, April 10th
Join the Toronto Hiking Club
Circular hike in Mosport area
Peterborough Hikers meet at:
K-Mart on Lansdowne St. W 10:00 A.M.
or Parking lot at #35/#115 11 :15 A.M.
Distance: 14 km
Leader: Dieter Viereck (416) 861-0987
Co-leader: Linda Chopping 778-7842
Saturday, April 23rd
End to End #1, (Lakeshore Section)
Over the hogsback in Omemee to Bethany
Leader: Les Campbell 743-9381
Distance: 15 km
~eet at: Omemee Post Office . rþ
Time: 9:30 A.M. ') \
Sunday, Apri130th ~.,'
End to End #2 6~ß:':::\
From Port Hope to Km 16.2 ~
Hope Township Rd. #7 r, \
Leader: Patrick English 743-3569 ~<)
Meet at: Needlers Mill in Millbrook
Time: 9:30 A.M. ~
8
Saturday, May 7th & Saturday, June 11th &
Sunday, September 11 th
Join Peter Verbeek to hike part of the
Wilderness Trail from Moore's Falls to
Devil's Lake. (Pre-registration only)
(Peterborough hikers meet at K-Mart
Lansdowne Rd. E., 7:00 A.M.)
Meet at: Devil's Lake parking lot
Time: Before 8:30 A.M.
Medium Difficulty 18 km
Leader: Peter Verbeek (416) 757-3814
Saturday, May 14th
End to End #3,
Hike from Bethany to the south edge of the
Ganaraska Forest (Hope Twsp. Rd. #10)
Meet at: K-Mart Lansdowne St. E.
Leader: Patrick English 743-3569
Time: 9:00 A.M.
Sunday May 22nd
Different hike in Northumberland Forest
Leader: Linda Chopping 778-7842
Meet at: Hwy. #45 & County Rd. #9
Time: 10:00 A.M.
Sunday, May 29th
Canoe & Hiking Day! (Bring your own) Canoe
across a bay of Sturgeon Lake for 4 km walk.
Leader: Richard Bull 328-3946
Meet at: #11 Lakeside Village, Snug Harbour
R.R. #6, Lindsay (call for directions & time)
Saturday, June 4th End to End #4, hike
remaining section of Lakeshore Route, bring
$2.00 and collect your well earned badge.
Hope Twsp. 7th line to 10th line
Leader: Patrick English 743-3569
Distance: 16 km Time:
Saturday, June 11th. Long Lake Canoe Trip
Enjoy a full day of canoeing on Long Lake
MNR boat launching fee $5.00 per canoe
Bring your own or reserve/rent at lake
Leader: Richard Bull 328-3946
Meet at: Long Lake, off Hwy. #28 South of
Apsley Time: 9:00 A.M.
Peterborough Continued:
Sunday, June 19th
Hike Near Long Sault Conservation area
Wooded and open area (may be wet spots)
Leader: Les Campbell 743-9381
Meet at: K-Mart Lansdowne S1. E
Time: 9:15 A.M.
Sunday, June 16th
Walk trails in Peterborough Game Preserve
Parking Fee: $3.00 per car
Leader: Richard Bull 328-3946
Co-leader: Les Campbell 743-9381
Meet at: Haultain on Eels Creek
Time: 10:00 P.M.
Meet at: Peterborough 200 to carpool
Time: 9:00 A.M.
8
Sunday, July 3rd
Walk abandoned railway line from Burnt
River to Fenelon Falls (20 km)
Leader: Dieter Viereck (416) 861-0987
Co-leader: Les Campbell 743-9381
Meet at: Garnet Graham Lakeside Park
Time: 10:00 A.M.
(Those wishing to do extra 12 km and be on
their own can meet at same location at 9:00
A.M., to be taken to Kinmount)
Peterborough hikers can car pool from K-Mart
on Lansdowne at 8:30 A.M. or Fenelon Falls
by 10:00 A.M.
PETERBOROUGH EVENING WALKS
Wednesday, May 4th
Along old railway bed, up a hill and along
some secluded trails.
Meet at: Parking lot behind 635 Whittaker S1.
Time: 6:00 P.M. Duration: Approx. 1.5 hrs
Leader: Jessie Duchene 743-3824
Wednesday, May 18th
Along the Otonobee River to Parkhill and back.
Meet at: Canadian Tire parking lot, George St.
Time: 6:00 P.M. Duration: Approx. 1.25 hrs
Leader: Linda Chopping 778-7842
Wednesday, May 25th
North over Armour Hill and back
Meet at: Rogers Cove parking lot
Time: ??? Duration: Approx. 1.5 hrs
Leader: Linda Chopping 778-7842
Wednesday, June 1st
Through the Bird Sanctuary at Trent
Meet at: Peterborough 200
Time: 6:00 P.M. Duration: Approx. 1.25 hrs
Leader: Linda Chopping 778-7842
Wednesday, June 8th
A walk in Jackson Park (we may be lucky
enough to see turtles laying eggs)
Meet at: Parking lot at Parkhill & Fairbairn
Time: ??? Duration: Approx. 1.5 hrs
Leader: Rita Hetherton 743-2175
Wednesday, June 15th
Along the Otonobee River to Liftlocks and
back, through parks and beach
Meet at: Canadian Tire parking lot George S1.
Time: 6:00 P.M. Duration: Approx. 2 hrs
Leader: William Burns 742-6060
8
Wednesday, June 22nd
Around Trent grounds and over the Drumlin
Meet at: North parking lot of Trent University
Time: 6:00 P.M. Duration: Approx. 1.5 hrs
Leader: Linda Chopping 778-7842
Wednesday, June 29th
Mystery Hike?
Meet at: Canadian Tire parking lot George S1.
Time: 6:00 P.M.
Leader: Linda Chopping 778-7842
EVERYONE WELCOME I BRING A FRIEND(S)
MEMBERSHIP INVITED!
PLEASE LEAVE YOUR DOG AT HOME!
Picture in Winter Hike Schedule was missing
the caption of Peterborough members who had
finished the Peterborough Section:
8
Left to Right: Linda Chopping, Jessie Duchene,
Patrick English, Rita Hetherton. Missing Ron
Wallace (he was taking the picture)!
8
v
MESSAGE FROM
THE MIDLAND PRESIDENT
Just a reminder to old and new hiker's alike - All activity leaders are unpaid volunteers. All
participants who join in these activities do so at their own risk!
Hikers should be in reasonably good health and able to judge their own abilities. Any
medical problem that may flare up during a hike should be passed on to the leader before
the hike starts. If you have any doubts about the difficulty of the hike, please contact the
Hike Leader in advance.
On all group hikes, please stay behind the leader and ahead of the sweep, and inform either
of these people of any problems encountered on the hike.
Dress appropriately for the weather conditions, ensuring you have sturdy hiking boots, as
well as something to eat and drink.
Last but not least, HAVE FUN OUT THERE! Enjoy what nature has to offer and make
friends along the way.
Happy Hiking, Marc Valleé
MIDLAND HIKING CLUB - SPRING '94 SCHEDULE
8
Friday, April 1
April Fool's Mystery Hike
Leader: Marc Vallee 527-1967
Meet at: Tim Hortons Midland
Distance: 8 km Time: 1 :00 P.M.
Saturday, April 23
Moonlight Hike
Leaders: Jean Talbot 526-6934
Marlene Walker 526-0131
Meet: Tim Hortons Midland
Time: 7:00 P.M.
Thursday, April 7
Monthly Meeting
Contact: Marc Vallee 527-1967
Meet at: Tim Hortons Midland
Time: 7:00 P.M.
Tuesday, April 26
Mystery Hike
Leader: Betty Carter 322-2790
Meet: Tim Hortons Midland
Time: 6:00 p.m.
Sunday, April 10
penatang Railway Bed
Leader: John Camunias 526-8770
Meet at: Tim Hortons Midland
Distance: 10 km Time: 1 :00 p.m.
Thursday, April 14
T.B.A. Contact: Marc Vallee 527-1967
Saturday, April 30
Ganaraska Trail - Midland Section
Get involved - Complete mileage
for End to End Badge I
Leader: John Domm 526-5716
Meet at: Tim Hortons
Time: 10:00 AM.
8
Saturday, April 16
G.T.A. Executive Meeting
Geneva Park Conference Centre
Rama Rd., Orillia
Time: 10:00 a.m.
Thursday, May 5th
To be announced
Contact: Marc Vallee 527-1967
Midland Continued:
Saturday, May 7th
25th Anniversary Hike
Trail from Moore's Falls to Devil's Lake
Distance: 18 km
Contact: Peter Verbeek (416) 757-3814
Fast & difficult (Pre-registration only)
Not what Midland Hikers are used to!
Thursday, May 12th
Martin's Valley
Leader: Lilli Mainusch 549-6038
Meet at: Tim Hortons
Distance: 8 km Time: 6:00 P.M.
Sunday May 15th
Singhampton Caves
Leader: Lilli Mainusch 549-6038
Meet at: Tim Hortons Midland
Time: 10:00 A.M.
Tuesday, May 17th
Midland Club Monthly Meeting
Contact: Marc Vallee 527-1987
Tuesday, May 24th
Mystery Hike
Leader: Phil Lapenna 835-2371
Saturday, May 28th
Ganaraska Trail Midland Section
Leader: John Domm 526-5716
Meet at: Tim Hortons Midland
Time: 10:00 A.M.
Thursday, June 2nd
Matchedash Bay
Leader: John Domm 526-5716
Meet at: Tim Hortons Midland
Time: 6:00 P.M.
Sunday, June 5th
Wildman Forest to Beach
(Joint Hike - All Clubs)
Leader: Betty Carter 322-2790
Meet at: Tim Hortons Midland
Time: 10:00 A.M.
8
Thursday, June 9th
Awenda Dune's Hike
Leader: Marc Vallee 527-1967
Meet at: Tim Horton's
Time: 6:00 P.M.
Saturday, June 11th - 25th Anniversary Hike
Distance: 18 km
Trail from Moore's Falls to Devil's Lake
Contact: Peter Verbeek (416) 757-3814
(Pre-registration only)
Tuesday, June 14th
Subway Road/Monthly Meeting
Contact: Marc Vallee 527-1967
Meet at: Tim Hortons
Time: 6:00 P.M.
Saturday, June 18th
Ganaraska Trail Midland Section -
Continue on Midland Section
Contact: John Domm 526-5716
Meet at: Tim Hortons
Time: 10:00 A.M.
8
Tuesday, June 21st
Moonlight Hike - Start Summer with our Hike
Bring Food & Refreshments
Contact: Don Briton/Marilyn 526-4356
Meet at: Tim Horton's
Time: 6:00 P.M.
June 24-26th (Pre-register)
Camping Weekend Awenda Park
Contact: Marc Vallee 527-1967
Meet at: Tim Hortons June 24th
Time: 6:00 P.M.
July 1994 - TALL SHIPS ARRIVE!
Party to be announced at a later date.
Guide Books available to members $8.00
Non-members $12.00
.,NI,t Contact: Marc Vallee 527-1967
1,1
8
8
GANARASKA TRAIL ASSOCIATION
25th Anniversary Party & 1994 Annual General Meeting
LOCATION: GENEVA PARK, ORILLIA, ONTARIO
The plans are being finalized for the biggest AGM ever planned by the GTA. The dates (approved at the 1993
ACìM) will be October 15Lh and 16th, 1994 and the place will be the beautiful conference site of GENEVA PARK.
I,ocaled on a Ix>inL extending into Lake Couchiching, covered with a canopy of maple trees, surrounded by nature trails
and beach side vistas, Lhis is the home of several of the most important conferences held in North America. Comfortable
rooms and delicious food arc also part of the hospitality. Some members may have been introduced to Geneva Park
when Ihe Orillia Naturalist Club hosted the Ontario Federation of Naturalist AGM a couple of years ago.
Because of a shorl hooking, the conference centre is available to us for a reduced rate and time stay (one night). The
tentative schedule is:
--
Saturday, October 15th:
10:00 A.M.
11:00 AM. 10 12 Noon
12:00 Noon 10 1:00 P.M.
1:00 P.M. 104:00 P.M.
4:00 P.M. 10 6:00 P.M.
6:00 P.M. 10 X:OO P.M.
X:(X) P.M. 10 ?????
Registration
Business Meeting
Election of Officers
LUNCH
SEMINARS OF YOUR CHOICE
Social Hour
DINNER
Social Evening
(Phil LaPenna Sing Song Leader!)
Su~~ested Seminars:
* GIS Mapping
(Sir Sanford Fleming students)
* Wye Marsh Nature Lore
* Geology Tour of Centre
(Car Hike)
* Photo Hike (Bob Wilson)
Sunday, October 16th:
Su~~ested Hikes:
8
9:(X) A.1\1. In 4:00 P.M.
* Victoria Bridge to Sadowa
BREAKFAST
(Pick-up bagged lunch)
HIKE OF YOUR CHOICE
* Uhthoff Trail
* Oro Hills
* Copeland Forest
7:00 A.M. to ():OO A.M.
NOTE:
Under Provincial laws, Geneva Park is not allowed to serve liquor unless all guests are registered, (to
prevent drinking and driving)
rmGlSTHATION:
Pre-Registration: (on or before June 15th, 1994
Late Registration: (After June 15th, 1994)
Day Regislration:
$100.00 (taxes included)
$115.00 (taxes included)
$20.00 (includes taxes and lunch)
Note: Only 25 double rooms available!
PLEASE SEND RESERVATIONS TO:
Chris Rowe, 222 WesunoUnL Dr. S., Orillia, Ontario L3V 6E4 or
AGM, Box 19, 12 King St., Orillia, Ontario L3V lR1
~==.=====================================================================================
- Yes, please reserve a spot for me at the Ganaraska Trail Association's AGM October 15/16, 1994 at:
Geneva Park Conference Centre. Rama Rd.. Oriilia. Ontario
Name:
Date:
Addre.ss
Phone:
r.c.
Room & Meals: $100.00
Late Reg: $115.00
Deposit Enclosed:$
Balance Due: $
8
Cluh /\lIïliation:
Selln!l!
Sel11l11,U'S lor \'Otlf' selection will be sent during Summer of 1994.
GANARASKA TRAIL ASSOCIATION
nALANCE SHEET as of December 31, 1993
ASSETS
CURRI<:NT ASSETS
Manulife
Canada Savings Bond Inv.
Cash: Total
Guidebooks
GST Refund Receivable
Prepaid Insurance
929.75
3,500.00
TOTA L CURRENT ASSETS
TOTAL ASSETS
INCOME: January 1, 1993 to December 31,1993
REVENUE
REVENUE
Continuing Memberships
New Memberships
Guide Books
Crests
Donations
Membership Refund
Guidebook PoslEge Rcc'cJ
Interest Revenue
GST Refund Received
TOTAL REVENUE
TOTAL REVENUE
4,429.76
2,200.00
310.07
270.00
$7,209.83
$7,209.83
2,470.00
1,662.00
1,843.00
114.00
751.00
12.00
179.00
64.02
310.45
$7,405.47
$7,405.47
LIABILITIES
CURRENT LIABIL TIES
Accounts Payable
TOTAL CURRENT LIABILITIES
TOT AL LIABILITIES
EQUITY
EARNINGS
Retained Earnings
Current Earnings
TOT AL EARNINGS
TOT AL EQUITY
LIABILITIES AND EQUITY
EXPENSE
ADMINISTRATION
Newsletters -
Postage
TolEl Newsletter Costs
Guidebook Printing
Guidebook Costs
Crests Printing
End-to-End Crests
Total Crest Cost
Pamphlet Printing
Total Pamphlet Cost
Insurance Expense
Bank Charges & Interest
Membership (Other Organizations)
Trail Maintenance
Supplies
Trail Signs
TolEl Trail Maintenance
Travel & Meeting Costs
Telephone Expense
Office Supplies
Total Executive Expenses
General Postal Expense
Misc. Expenses
Overpayment Refund
Petty Cash & Misc.
Treasurer of Ontario
TOT AL ADMINISTRATION
1,523.46
693.68
844.10
728.92
651.47
141.40
112.20
0.00
969.95
190.34
473.12
455.79
TOT AI. EXPENSE
INCOME
8
0.00
0.00
0.00
7,189.74
20.09
$7,209.83
$7,209.83
$7,209.83
2,217.14
8
844.10
1,380.39
141.40
250.00
21.50
185.00
112.20
1,633.41
455.79
22.00
72.45
50.00
$7,385.38
8
$7.385.38
$20.09
8
8
8
-------~---------------------------------------------------------------
------- . ------~--------------------------------------------------------
APPLICATION FOR MEMBERSHIP
GANARASKA TRAIL ASSOCIATION - 1994
(Please print clearly)
Date:
NAME
ADDRES~~.
PHONE
FEES: -- New $12.00 (single/family);
Membership Fee: $
Extra Crest @ $2.00 $
Donation $
POSTAL CODE:
- Renewal $12.00; - Life $150.00; - Organization $25.00.
Guide Books:
Members @ $8.00
Non-members @ $12.00
TOTAL
$
$
$
Postage 8, Handling
Club Affiliation:
$ 2.00
Barrie: Y. Vink, 7 Blue Mound Dr., L4M 4B2
Orillia: C. Rowe, 222 Westmount Dr. S. L3V 6E3
Midland: M. Vallee, R.R. #2, L4R 4K4
Peterborough: L. Chopping, Havelock KOL 1Z2
(Tax R(:C;,'lpt glv(;n for donations over $5.00)
(Note: T;1x floculpt for $137.00 íor Life Membership)
8
8
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NOI~ VI:JOSSV 'IIVH~ VJISVHVNVD
HIKER'S TRAIL CODE
* Hike only along marked routes,
especially on fann land
* Do not climb fences, use stiles
* Respect the privacy of people
living along the trail
* Leave the trail cleaner than you
found it, carry out all litter
* Light cooking fires only where
permitted, and be sure you put
them out
* Do not damage live trees
* Protect and do not disturb
wildlife
* Leave only your thanks and take
nothing but photographs
8
Addiction
Research
Foundation
Fondation
de ia recherche
sur la toxicomanie
~"M 5;<5
725~ 7735
~3lece social
8'13 Russell St.
)ranta. Ontapo
~anaaa ,.155251
rue Russell
coloma ,Ontano,
Canaca M55 251
(416) 595~6000
Fax: (416) 979~8133
8
~
AUF
Harch 14.
Hs. D. Broderick
Parks & Recrea~ion Supervisor
Township of Oro-Medonte
Box 100
Oro ON LOL 2XO
Dear Ms.
Broderick,
" l.
- í
.~--
1994 -.\~\-?"í'~'..
":. .-~ I
V- "'j/
MA/) -;;\
. F RTf 1 ' I
I~; 1 ~-¡
I;~ . ')4" -¡
\-~, '","-"1'::,-
'\ ,\ ,. I~' : l
,;.1/\. ,< "
-;J / ~ /< ". .
'. I ì;'ì~~'~' , .-'.
~.~'i ; : :-
-"-
I am writing this letter as a follow-up to our meeting
on Harch 3. 1994. Again, I want to thank you for the
opportunity to speak about a very timely and important
issue. As promised, please find enclosed some articles
which clearly indicate the importance of a policy.
I was disappointed to hear that your group has decided
not to go ahead with the development of a policy.
As always, we are available ~o assist you should you
wish to pursue this a~ any point. or if you need any
further information on substance use.
Sincerely.
117. ~~
HH/if
Encls.
Ì"Í. Harber
Program Consultant
agency
,Orov'nce Of On'aoo
orqan'3me de
~
levvpÖmt
8
a public affairs newsletter Issued by
Insurance Bureau of Canada
January 1991
THE RISE OF LIABILITY FOR THE INTOXICATED
By R. Solomon & S. Usprich
Faculty of Law
University of Western OntaJIO
INTRODUCTION
The changing legal attitudes towards Ùlose who serve alcohol
have become a major problem for Ùle Canadian hospitality
industry and its insurers. The nature of this problem is
""aITla.ucally illustrated by Ùle following case.
Schmidt v. Sharoe and the ArlÎn1!ton House
Hotel 0983):1
Shortly after fmishing his Ùlird beer and leaving Ùle Arlington
House Hotel, Sharpe drove off Ùle road. He suffered only
minor injuries in Ùle ensuing accident.. but his l6-year-old
passenger. Schmidt. was rendered a quadriplegic. Schmidt
successfully sued bow Sharpe and the Arlington House Hotel.
Following a lengthy trial. the defendants were held "jointly
and severnlly" liable for 70% of Schmidt's losses. Incluàing
interest. legal fees and coun costs, this misha+J probably COSt
the defendants and Ùleir IJ1SUI'ers over 51.75 million.
Sharpe was held liable because his impaired driving causeà
Schmidt's injuries. The Hotel was held liable in its cap3C1ty as
:l provlàer of alcohol for breaching its legal obligation nOt to
serve an intoxicated patron. By serving Sharpe when he was
already intoxicated. the Hotel became liable for his conduct
born on and off the premises.
Sinc.e the defendants were "jointly and severally" liable.
Schmidt could enforce the entire judgement against eiÙler
party. That party could in tUrn seek Ùle appropriate share irom
the other defendant.. However. if Sharpe had few assets. L'1en
the Hotel - albeit only 15% at fault- could end up paymg
'OS! or all of Ùle judgment.
¡'he ~ .~midt case cannot be written off as a legal aberration.
Rathe":. it renecrs a clear trend towards expanàing the Clv1Í
liability of alcohol prov!àers and others who are responslbìe
for the intOxicated. Moreover. liability has not been limited
to taverns and other commercial outlets. Claims have now
been brought against universities:'. service clubs3. govern-
ment alcohol outlers4. private social hosrs$. common
carriers"" police7. and sponsors of alcohol-reLated eventS.i 8
The numbers and types of these suits have increased signiÜ-
canùy across Canada. particularly in Ontario. Albena and
British Columbia. The purpose of this article is to analyze.
the changing legal environment governing liability for:Ùle
intoxicated.
FACTORS RESPONSffiLE FOR THE EX-
P ANSION OF LIABILITY
Until the late 1970s. it was uncommon for peopie to be sued
for the conduct of Ùleir intOXIcated patrons or guests.
However. several factors have now made such suits not
only possible. but highly probable.
Expanding the Duty to Control: Traàitionally, Ùle Law
àid not require one person to control the conduct of another.
In the absence of such a duty. an inàividual could not be
held civilly liable for the inJuries Ùlat intOxicated persons or
guests caused or suffereà. While Ùle couns still pay hp
service to Ùle principle that you are not your "brother" s
keeper". Ùley have greaLly increased Ùle number and types
of siwations in which one person is required to control the
conduct of anOÙler. The recent emergence of liability for
Ùle conduct of Ùle intoxicated is simpiy part of Ùlís broader
trend.
8
\1andatory Breath and Blood Testing: Plaintiffs in
alcohol-reLated law suits face a maior obstacie in proving
that the person who inJurea them was IntOXIcated. This r..:J.SK
may now be far easier in cases Invoiving drinking and
driving accIdents. Durmg the past 20 years. police have
8
~n given broad powers to stOp vehicles and demand that
suspected drivers take breaù1 tests or. in limited circum-
stances. blood testS. A plaintiff can use these results as
objective evidence of the driver's blood-alcohol level (BAL)
and can then introduce expert testimony as to the driver's
alcohol consumption and probable demeanour. As in the
Schmidt case.. this evidence may be extremely important in
proving the plaintiff's case.
Restricting the Traditional Defences: If an intOxicated
plaintiff injured only himself or herself. the defendant could
raise tWo broad defences to limit or negate li3bility -
contributory negligence and voluntary assumption of risk.
The defence of conaibutoIy negligence is based on the
defendant's claim that the plaiIl1iff's own negligence conaib-
ut.ed to his or her injuries. If the defence is established. the
court will apportion li3bility betWeen the negligent defendant
and the conaibutOrily negligent plaintiff. The plaintiff will
then only recover from the defendant the portion of damages
that reI1ectS the defendant's degree of blameworthiness. In
recent years. the COlU"tS have tended to apportion liability more
heavily against alcohol providers than against their intOxicated
patrons or guests.
The defence of voluntary assumption of risk is based on the
princIple that a plaintiff who assumes or consents to the risk
of injury absolves the defendant of resJXX1Sibility for it. If me'
8 defendant can establish this defence. the plaintiff will be
denied recovery. However. the courts have severely Limited
this defence. thereby improving the plaintiff's chances of
recovery. The most recent S uprcme Court of Canada decision
suggests that the defence will rarely apply unless the intoxi-
cated plaintiff expressly agreed to accept legal responsibility
for the risk prior to the mishap.9
Rising Damage Awards: In 1978. the Supreme Coun of
Canada fundamentally changed the princIples for assessing
damages. leading to sharp increases in the size of damage
awards. For example. a young person rendered a paraplegic
might have been awarded $100.000 in the 1960s. whereas the
award tOday might be $1.000.000 or more}O As well. ad-
vances in medical care have improved accident victims'
chances of survival and increased their life expectancies.
thereby furù1er conaibuting to higher d.arnage awards.. Since
these iarge awards invariably exceed the intoxicated patron's
insurance and assets. the plaintiff needs to sue the provider.
occupier or others to recover the full claim.
Changing Public Attitudes: Since the early 19805. various
citizens' groups have widely publicized the role of alcohol in
traffIC and other accidcnt3l d.ea1hs and injuries. Their effons
contributed to a hardening of public attitudes tOwards alcohol
and impaired driving and to the strengthening of both federal
8 and provincial drinking and driving laws. Thus. it is not
. surpnsing that judges and juries have become more sympa-
thetic to victims of alcohol-related. mishaps and more critical
of those who may be respoI1S1ble for the inlDxicated..
These !Ïve factors not only explain the recent expansion of
liability, but suggest that the scope of liability will continue
to expand and that thè number of suits will continue to rise.
,
THE CIVll.. LIABll..ITY OF PROVIDERS' )
OF ALCOHOL .~
An alcohol provider may be held li3ble for the conduct of
the intoxicated under Article 1053 of the Quebec: Ciril
~11 or under common law tort principles in the other ju-
risdictions of Canllrut In addition. Manitoba. Ontario. Nova
Scoáa. and the NonhwestTerritories have each enaaed a
special SWDtory C3USC of aaioo that applies primarily to
sellers of alcohol in ccnain limited circmn~. 1. Given
the similarity betWeen the Civil Code and the common law
principles. and the narrow scope of the swuta'y causes of
action. we will focus œ the common law principles of
provider li3bility.
Jordan House Hotel v. MenOW' and Honsberger (1973):13
In this la.ndmark ca.se. the Supreme Court of Canada
imposed a common law duty on alcohol providers to proteCt
their intOxiC3ted patrons. Menow, a regular palI'OO. had
been banned from the Hotel because of his tendency to
become intoxicated. iIresponsible and annoying. Otx:e the
ban was lifted.. the staff were insuucted not to serve him
unless he was accompanied by a responsible adulL Menow
entered with friends on the night of the a.ccidenL but later
drank alone. becoming visibly intoxkared. When be both-
ered other pauons. the staff ejected him. WhiJ.e sæ.ggerinr -
along the highway, Menow was rot by a negligent Qriver. ....,./)
Menow sued both the driver and the Hotel. arguing that the
J.aner had a common law duty to proteCt him in his intoxi-
cated condition.
The Supreme Coon of Canada unanimously upheld both
claims. although tWo different tests emerged concem:ìng the
Hotel's liability. Mr. JUStice Laskin emphasized that the
staff had violated. proviDciallaw in serving Menow when he
was intoxicated. had special knowledge of Menew's itre-
sponsibility when drunk. and had ejected him knowing that
he had no safe way of getting home. In LasIån' s view. the
staff should have tried to proteCt Mcnow by allowing him to
spend me night in one of the Hotel's rooms. calling the
police or arranging safe transportation home.
The Hotel argued that the Ontario Liauor Licence Act
required its staff to eject Menow. because he was mtoxi-
cated. While acknowledging this obligation. Laskin held
that it was subject to a broader duty not to eject Menow if
doing so would expose him to a foreseeable risk of injmy.
The defendants also raised the defences of voluntary
assumption of risk and conaibUtory negligence.
Laskin flatly rejected the fIrst defence because Mcnow was
too intoxicated to assume legal responsibility for his own
behaviour. Laskin agreed that Menew was contnburonl.
negligent. but accepted the tn.al judge's fmding Ù131
Menow. the Hotel and the driver were eat:h one-third at
faulL Thus the Hotel and driver were held jointly and sever-
ally liable for tWo-thirds of Menow's losses.
tr. Justice Ritchie deemed an alcohol provider's liability in
'- oader terms. In his view, the staff breached their duty by
serving Menow past the pJint of intoxication. Their obliga-
úon was to prevent intoXÍearion and not., as Laskin had
indiC31ed.. simply to protea panons after they become intoxi-
cated. As the following case illustrateS. Laskin's narrow test
Ius given way to Ritchie's broader swement of this duty.
Picka v. Porter and the Royal CpnferiÜln Legiœ (1980):14
Approximately tWo hours after leaving the Legion hall. Porter
drove through a stop sign and hit the plaintiff's car. killing
three people and injuring tWO others. Based on his BAL. it
was established that Porter had consumed approxim.a1ely 10
bou1es of beer over a five-hoor period at the Legion. The beer
was served from behind a partition in circ::ums:ances in which
the bartender could not observe the patrOns' condition or
det.emline how much any patron had conswned. The plainúffs
sued both Porter and the Legion.
The Legion contended thaI. since i1s employee was unaware of
Porter's intoxication, it should not be held liable. The Court
of Appeal rejected the Legion's argument. In effect. the Court
held that providers must establish serving and staffing
practices which ensure that patrons are not served past the
point of intoxication. The Legion was held liable even though
it had no prior dealings with Porter, no special knowledge of
IÍs susceptibility to alcohol. no acw.al knowledge that he was
'- ltoxica.ted.. and had not ejected him. The Legion had simply
provided Porter with alcohol past the point of intoxication in
circumstances in which it could not determine his sobriety.
Schmidt v. Sharpe and the Arlington Honse Hotel (1983):15
Like ~ the Schmidt case supportS the expansion of an
alcohol provider's liability. For example. the judge empha-
sized that both Schmidt and Sharpe were undcr3ge and yet
were allowed to enter and were served without challenge. The
judge suggested that such conduct alone constinned a breach
of a proVIder's duty.
Sharpe had consumed only a small percentage of the alcohol
causing his intoxication at the Hotel, the staff had no special
knowledge of his susceptibility to alcohol, and they did not
eject him- 1ñere was no direct evidence that Sharpe appe3red
visibly intoxicated. R.a1her. the plainti..f:fs expert wimesses
stated that. based on Sharpe's BAL of .15%. properly-tnrincd
staff should have been able to recognize some signs of
Sharpe's intmication when he was served. It was on this basis
that the Hot.e.1 was held jointly and severally liable for 70% of
Schmidt's losses. Schmidt was held 30% contributOrily
negligent for failing to wear a seat belt and acœpùng a ride
with S harpe.
ililgue v. Billings (1989):16 Billings and his tWo friends
mered the Oasis Tavern and were each served a beer before
ù'1e staff rea.li.z.ed that they were intoxicated. They were
refuserl further service. The proprietor failed in his effons to
persuade Billings to give his car keys to his less intoxiC31ed 8
friend. Billings and his friends then drove to the Ship &
Shore Hotel. where they were each served four beers.
Billings. whose BAL was over three times the legal limit.
drove so erratically afu:r leaving the Hotel that his friends
goÚXIt and walked. Minutes later, Billings crossed the
centre line and hit the Hague vehicle, killing MIs. Hague
and parnlyzing her 15-year-old daughter.
Billings admiaed his obvious liability, and the Ship &
Shore Hotel was held liable for serving him when he was
already intoyicated. The court held that since the Oasis
Tavern did not have a sufficient opponunity to assess
Billings' intoxication before t2.1éng his order. it could not be
held liable for servÍDg him a single beer. However. once the
staff realized that Billings was drunk mey had an affirma-
tive duty to prevent him from driving. In a statement with
profound implications for the hospitality industry. the court
stated that the Oasis Tavern should have called the police if
it could not otherwise step Billings from driving. While the
tavern breached this obligation, the court held that alerting
the pJlice would not. in the circumstances of this case. have
prevented the subsequent collision. C onsequend y. the
Oasis Tavern was absolved of liability.
In another significant statement. the court indicated that
Billings' drinking companions could also have been held
liable. In the judge's words., "TIùs was a joint vennxre on
the pan of these three individuals and ... Foster and Majors
are just as res¡x>nsible as Billings for the damages. "17.
8
THE CIVIL LIABIT..ITY OF OCCUPIERS
In addition to potential liability as an alcohol provider. a
person may be held liable as an "occupier" for any alcohol-
related injuries that occnr on his or her propertY. An
"oc:œpier" includes anyone who Ius control of the premises
and the power to admit or exclude others. Depending on
the facts. several parties may be occupiers of a single place.
Although it is not widely Icnown, far more alcohol-related
suits have been brought against licensed establishments in
their capacity as occup¡.ers than in their capacity as alcohol
provi ders.
There are three separate bases of occupiers' liability in
CJ!n;¡òa In Quebec. an occupier can be held liable under
the Civil Code. while in New Brunswick. Newfoundland..
Nova Scotia.. the Northwest Territories. Saskatchewan. and
the Yukon, llilbilityis d.etcn:nined by the common law. The
scope of liability under the Civil Code and common law is
roughly comparable. In the remaining jurisdictioos. the
common law princip1es have been replaced by provincial 8
OCCupiers' liability stamtCS.a Generally, these staIUtes have
simplified the law and broadened the scope of an occupier's
duty. While the principles of liability vary from jurisdiction
to jurisdiction. the following cases illustrate the types of
simations in which occupiers may be held liable for alcohol-
related injuries that occnr on their propertY.
Liability for the Physical Condition of the Prem~: Lil.e
other occupiers. an occupier of a place where alcohol is served
8 must ensure that the premises are reasonably safe for those
who enter. However. such occupiers are in a UIÙque siwarion
because they have invited people to enre:r and conswne an
illtoxicating substa.nce. Ai> consumption increases. the
entrants' stability. perception and ability to avoid normal risks
become correspondingly impaired. Yet. unòet the common
l.aw. the courts genc:rally absolved occupic:rs of liability when
intoxic31ed persons injured only themsclves..l' However. in
those jurisdictions with occupiers' liability legisWion. the
coons are beginning to demand that occupic:rs take special
prec3Utions if it is likely that intoxicated persons will be
present.
Nibloclr. v. Pacific National Exhibitioo and the City of
Vancouver (1981)::8 The intoxicated plaintiff was seriously
injured when he fell over a low railing on a steep staircase.
The railing was about four inches lower than the by-law
required. The defendants argued that they had never had
problems with this type of railing before and attributed the
mishap solely to the plainúff s intoxication. In rejecting this
argument. the coun noted that the ûccuuiers LiabilitY Act
requires occupiers to ensure that the premises are reasonably
safe for all people who may foreseeably enter. Sina: there
were three licenseà premises on the grounds. it was foresee-
able that some intoxicated people would be present. In
holding the defendants liable. the court emphasized that the
8 premises had to be reasonably safe for not only the sober. but
also for the intoxic3œd..
Liability for the Conduct of Entrants: An occupier is also
responsible for proteCting entrants from foreseeable risks
posed by other entrants. The courts have recognized that
intoxicated people may, on occasion. act carelessly or even
violently. Under the common law. the courts were sympa-
thetic to occupic:rs when intoxicated patrons injured only
themselves. but this was not the ca.se when they injured
others.
Lehnert v. Nelson (l947kl.1 Shortly after mriving at the
tavern. Blackburn began to wreak havoc. She pulled the
d.rnpes from the window and wrapped herself in them. and
then upset the glasses on her table. In response. the Blackburn
pany was moved to a more secluded table. Some minutes
later. Blac.kburn slapped her dance parmer in the faa:. jumped
on a table and au.acked an innocent patron with her handbag.
Finally. she threw a rumbler at the plaintiff. seriously injuring
him. "The plaintiff sued the tavern. alleging that it was liable
as an occupier. The court stated that Bi.ackburn's conduct
provided a cleM warning that she might injure herself or
others. Under these circumstances. the tavern had a legal duty
to eject or resrram her. By failing to take such action. the
tavern breached its duty as an occupier and was liable for the
8 plainùff's losses.
Occupiers will rot be held liable for every fight that occurs on
their pn:mìses.. R.a1.her. they are only required to interv~nc if
an intoxicated patron's conduct poses a foreseeable risk of
----
injury";: For example in McGe;()Ut'1t¡ v. Don Emerorises Ltd...
(1983).23 th~ plainùff was the victim of an unprovoked
stabbing in the defendant's lounge. Although the assailant
had been ejected earlier that evening for bothering a
waitreSS. thac was no evidence of prior violent condoct.
The court concluded that the staff could not have foreseen
the anack. and absolved the defendant hotel of liability.
~)
Liability for Activities on the Premises:
Jacobson v. Kinsmen Club ofNanaimo (1976)::U The
def~~dant held a "beer garden" in a Large arena. During the
festIvities. some uninhibited patrons ente:rtained the capacity
crowd by tWice climbing me I-beams which supported me
roof and "mooning" those below. Shonly thm:after. a
patrOn known only as "'Sunshine" attempted to mimic this
crowd-ple3sÍDg feaL UnfortUD3.Iely. be slipped from the
beam and fell 10 meuc:s On1O the plaintiff. who was knocked
unconscious. Except for the indignity of losing his pants,
Sunshine emerged unscathed and quickly disappeared.
The plaintiff sued me Kinsmen Oub for breaching its duty
as an occupic::r by permitting unsafe activities on the
premises. The court stated that it would not have held the
Club liable had the injury 0CCtIITed during the first tWO
climbs. However. by the time Sunshine acted. the staff
should have realized that this activity endangered the
climbers and other entrants. In failing to take effective
measures to prevent a recurrence of the activity. the Club
breached its obligation and was liable to the plaintiff.
,
THE EXPANDING SCOPE OF LIABD..pY , -- )
FOR THE INTOXICATED
The precciing sections focused on the principles governing
licensed establishments in their capacity as alcohol provid-
ers and occ:upie:rs. As we shall discuss in this section.
providers' .and occupiers' liability has not been limited to
commerciallicen.sed premises and. additionally. me courts
are recogniz1ng other bases of liability for alcohol-related
injuries.
The Liability of Social Hosts: Most discussions of social
host liability focus on panies held in private homes. How-
ever. the issue may also arise at a wedding. offia: party.
company golf tomnament. fraternity picnic. or informal
street party. Nevertheless, there appears to be on.Iy one
reponed Om~cii::m decision on social host liability.;J In that
case. me defendant homeowners were absolved of liability.
bec311se they had not provided any alcohol to the intoX1C3leCÌ
driver who injured the plaintiff. More impommtly for our
purposes.. however. the judge applied to the homeowners the
same priociples of provider liability that apply to commer-
cial establishments.
Liability for Using Fora!: There have probably been mare
suits brought against licensed establishments for usmg
excessive forœ or ~ force than for breaching th,
obligation as providers or occuplc:rs. Although the basIc
principl~ have nOt changed, the C3nMi:m courts are applying
t~m more rigorously against those who reson tD force ÌI1
ling with the intDxiC31ed.
~blad v. Commonwealth Holiday Inns of Can3da Ltrl..
(1986)::4 The cicx:xuum and the plaintiff had an argument
over whether the plaintiff could have a candle on his table.
The plaintiff was persistent and extremely annoying. When
the plaintiff followed me doorman to repeal his request. the
doorman punched the plaintiff in the face, knocking him
unconscious and seriously injuring his eye. It is doubtful
whether the d.oŒman would have been enåded tD use any
force in ending this verbal dispute. In any event, the judge
Stated that the force used far exceeded what was necessary in
the circumstances and held the doorman and the Inn liable for
over $250,000.
An occupier cannot use any force to eject a trespasser umil
a.ft.er that person has been asked to leave and been given an
Oppoltw1Ìty to do so peacefully. As Ekblad demonstraIeS...
force can only be used tD eject a person - nOt teach him or
her a lesson, settle an on-going feud or enforce house rules.
Moreover. force cannot be used once the person has been
subdued or ejected.Z7
Given the civil and crimina1 consequences of using unneces-
sary force. every effon should be made to resolve dispUteS
without violence. Aside from e,="l~fil'lg the confromanon,
'angering staff, and creating an unple3S3Ilt atmosphere, the
)f force may inadvertently result in injuries tD byStaDd.ers,
~.IO in tmn may sue the occupier.:J
Liability for Sponsoring Events:
Croeker v. Sundance Northwest Resorts Ltd. (1988):%1 The
Supreme Court of Canada held the reson liable for pc:rmming
Crocker. who was "visibly intDxicated'" to panicipalC in itS
tube-racing contest. The court considered the contest, which
involved two-person te3mS racing large inner tubes down
steep mogulled. ski hills, potentially dangerous. The court
viewed the staff's two effons tD dissuade Crocker from racing
as insufficient. As the sponsor of such an event, the resort
should have disqualified Crocker, postpOned the event IX
otherwise prevented him from compeång. The coon also
adopted a broad test of the reson's duty as an alcohol pr0-
vider.
The reson raised the defences of voluntary assumption of risk
and contributory negligence. The court held that Crocker was
too intOXiC31ed to have assumed the risk at the time of the
race. Similarly, be did not assume the risk by signing the
entry form containing a Walver of liability, bec3use the resort
had not directed his auemion to the waiver and he had nOt
read it. While the Supreme Coun accepted that Crocl:e:r was
tributOrily negligent. it agreed with the trial judge's
ssment thaI Croc.kcr was only 25% at fault.
This decision is extremely important bec1use it imposes a new
duty on sponsors of potentially dangerous activities and
adopts a broad test of provider liability. Moreover. it
suggests that liability for the intoxicated is Still expanding,
that the defence of voluntary assumption of risk will rarely
apply in these cases. and thaI the courts may be sympathetic
tD the intDxiC3led even when their behaviour is patently
irresponsible-
8
CONCLUSION
The law governing liability for the intDxiC31ed has changed
radically during the last 15 years.. However, as dramaJ:ic as
the rise in alcobolliability has been, the claims brought to
da1c represent only a small fracåon of the potential suits.
Statisåcs on alcohol-related accidents indicate that thou-
sands of alcobolliability claims could be brought each year
in Canada 30
This rising tide of liability should encourage those in the
hospitality industry and others to fundamentally re-examine
their alcohol policies and~. Various StraI.egies and
programs have been advanced tD reduce the risks of civil
suit. However, the piecemeal aàopnon of isolated iniåa-
tives, such as designated driver programs and waivers of
liability, may do more harm than good if they lull people
into a false sense of security. Given the broad scope of
potcnåalliability in Q¡n~d~ there are no "quick fixes".
What is required is a comprehensive strategy that addresses
the full range of liability exposure.
8
The purpose of this pamphlet is tD assist readers in under-
standing this new legal environment so that they can make
informed decisions in responding to it.
ENDNOTES
1. (1983),27 C.CL.T. 1 (Ont. H.C.).
2. To the authors' knowledge. there are five civil suits
pending against Ontario uruversities stemming from
injuri~ related to campus alcohol policies.
3. Monteith v. New Brunswick Command. Royal Can2Iii;!n
u1!Ìon 0973), 8 N.B.R. (M) 438 (S.c.); Jacobson v.
Nanaimo (1976), 71 DLR. (3d) 227 (B.C. S.C.); and
~v. The Field and S~'1l Inc. (1981),93 A.PR.
166 (P.El. C.A.).
4. See Marån. "LeBO sued. for liquor sale after drunk
driver kills man", OntMÌo L:3.wvers Wed:.Jv. M:ay 24,
1985, p.l.
5. Baume1sterand Baurneisœrv. ~(1986), 5 B.CL.R.
(2d) 382 (S.C.). There are apparently several sociai host
claims pending in Ont3rio.
8
6. Common caxriers have hong: been m:¡uired tD take
8
~ial precautions to ensure that intOXicaterl passengers do
not injure themselves or other passengers. See for ex.
ample. Munmtrovd v. The Blackburn and Over D:!rv:.en
Tramwav Co. (1886-87),3 Times L Rep. 180 (Q.B.); and
12unn.v. Dominion Atlantic Railway Co.. [1920) 2 W.W.R.
705 (S.c.c.).
7. Eunt-v. Qímt2.(1984), 12 DLR. (4th) 62 (B.C. S.C.);
WiUiams v. New Brunswick (1985), 34 c.CLT. 299 (N.B.
CA.) and Smi!.!Lv. ðttorney General of British Columbia
(1988),30 B.CLR. (2d) 356 (CA).
8. Crocker v. Sundance Northwest Resorts Ltd. (1988),44
c.CL.T.225 (S.C.C.); and Middlemiss, "Plaintiffbea.ten at
drunken party gets $700,000 from host's insurc:r", ~
Lawyers WeeJody. July 7,1989, p.l.
;'. Crocker v. Sundance Northwest Resorts Ltd. (1988),44
c.CL.T. 215 (S.c.C.). See also Qykv.l.&.œt. (1986) 1
S.CR.649.
10. This dramatic rise in the size of damage awards is
i II us tra terl b y con traS tin g the S 11 0, 000 a ward in !..iì.lliL v .
~(1968), 1 DL.R. (3d) 583 (B.C. S.c.) with
theSl.890,OOO award in ~v. Billim.!s (1989), 48
c.CL.T. 192 (am. B.C.).
8 11. See Lemaire v. Lambert. (1983) C.S. 291 (Que. S.C.); and
Masson v. Grouœ de Gestio" B.B.L. Inc. (1986),38
C.CL.T. 155 (Que. S.C.).
12. See LiQuor Control Act. R.5.M. 1970, c. LI60, s. 183:
liQuor Licence Act. R.O. 1980. c. 244, s. 53; Liquor
Control Act. R.S.N.S. 1967, c. 169, s. 165; and I...i.w.J.Qr
Ordinance. R.S.N.W.T. 1983, c. 26. s. 64.
13. (1983).38 D.LR. (3d) 105 (S.C.C.).
14. (1980), unreported (ant. c.A.).
15. (1983),27 C.CL.T. 1 (ant. B.C.).
16. (1989),48 c.CL.T. 192 (ant. H.C.).
17. I!ili1.,at 195.
18. See OcCUTIiers' Liabilitv Act. R.S.A 1980. c. 0-3: ~.
ers' Liabilirv Act. R.S.B.C. 1979, c. 303: The (XcUDiers
Liabilitv Act. c.C.S.M., c. 0-8: Occuuiers' Liability Act.
R.S.O. 1980, c. 322: and OccuDiers Liabilitv Act.
R.S.P.E1. 1974, c. 0-D2.
8 19. See for example, Cosl!T'3ve v. ~ (1967) 1 O..?,. 59
(c.A.); Momenh v. New BrunsVVlck Comm2..~'; P.Oyal
Canadian LeziOf1 (1973),8 N.BR. (M) 438 (S.C.): and
~v. The Field and Stream Inc. (1981), 93 APR. 166
(P .E1. c.A).
20. (1981),30 B.CLR. 20 (S.C.). See also Kudoba v.
Commonw~th Hoiiday Inns of Carmda Ltd. (1984),23
A.C.W.S. (M) 561 (ant. Co. Ct.); and Edwards v.
TraCY Starr's Show.; (Edmonton) Ltd. (1984), 13 D.L.R
(4th) 129 (Alia. Q.B.).
21. (1947) 4 DL.R. 473 (B.C. S.C.). See also \T3.rcmer v.
McConnell. (1946) 1 DLR. 730 (Ont. H.C.); and
StantOn...v. Twack (1982), unreported (B.C. S.C.).
~
22. See ~v. Laurie and Marinville Hotel Ltd. (1962),
38 W.W.R. 321 (Aha. S.C.); Ouellet v. Omnium CitY
Hotel Ltd. and Mercredi (1979), 5 S~ R. 421 (Q.B.);
and Duncan v. Braaten (1980),21 B.C.L.R. 369 (S.C.).
23. (1984) 1 W.W.R. 256 (Sask. Q.B.).
24. (1976) 71 DLR. (3d) 227 (B.C. S.C.). See also
Middlemiss. "Plaintiff be31en at drunken pany gets
$700,000 from host's insurer", The LaWYers Weeiclv.
July 7,1989, p.L
25. Baumeister and Baumeis
(M) 382 (S.C.). rer v. ~(1986), 5 B.C.L.R.
26. (1986),3 AC.W.S. (3d) 211 (ant. Dist. Ct.). See also
Arbeaù v. Dalhousie Tavern Ltd. {1974), 9 N.B.R. 625
(S.C.); Belcoun v. EdmontOn Roval Hotel Co. Ltd.
(1979), 19 AR. 50 (Q.B.); and Sornr!!~e v. MacDonald -
(1985),31 AC.W.S. (2d) 268 (B.C. Co. CL). {
.-'
27. Gri!!!!S v. Southside Hotel Ltd. and Gennan, (1947)
OR. 674 (CA); ~v. RoYal Trust Co.. (1953)
O.W N. 798 m.C.); ~v. 90376 Holdinl!s Ltd. and
Paauin (1984), 32 Sask.. R. 17 (Q.B.); and HamIlton v.
KÏnl!t1 Holdin~ Inc. (1986),37 AC.W.S. (2d) 118
(B.C. S.c.).
28. See for example. Gardner v. McConnell. (1946) 1
DL.R. 730 (OnL RC.).
29. (1988),44 C.C.L.T. 225 (S.c.C.).
30. Although their Statistics are somewhat dated. Health
and Welfare Cj)n::lM estima.ted that 2.698 people died in
alcohol.re.la1ed C3I' accidents in 1980 and that a slightly
larger number were killed in other alcohol-related
mishaps including fIreS. falls, drownings. and suicides.
See AJcohol in ("'~"M::I' A National Pers-oecrive. 2nd
ed. (1984), at 46 and 33. For every alcohol-related
fatality, there are probably several serious injuries.
-
CCommunity policing in action:
Controlling special occasion 8
permit drinking events
Keith D. Symons
Ronald R. Douglas
Introduction
An SOP (Special Occasion Permit) is granted to
individuals. often representing sports groups, service
clubs. or family members, by the Liquor Licence
Board of Ontario to allow them to provide or sell
alcoholic beverages on a single occasion to people
getting together for a special celebration or fund-
raising purposes. In recent years. it is estimated that
more than 156,000 of these SOP's. slightly more than
half of all the special permits issued annually in Can-
ada, are issued in Ontario. Furthermore. it is esti-
mated that a greater proportion of alcohol is sold
through SOP's in smaller towns; for example in a
town of 4,500 people, 400 permits in a year were
issued. This raised the concern of Special OccasIOn
Permits becoming "Every Occasion Permits."
In addition to the concerns about the number of
Special Occasion Permits being issued, complaints
about their operation have been made - typically relat-
ing to excessive consumption by participants. Often
this results in intoxication and related disruPtive
behaviours such as public drunkenness. fights and
vandalism, serving underage drinkers. and permitting
drivers to leave impaired. In one roadside stud\: of
Ontario drivers. 11 percent of impaired drivers were
reported as coming from a SOP event.
There are more than 400 Special Occasion Per-
mits reportedly issued each day in Ontario.
Community members involved with operating
SOP events appear uninformed of their statutory
responsibility to provide for the safety and sobnetv of
those attending these specially licensed events. :.lore
importantly. they frequently do not know how to
control the drinking behaviour of participants. .-\s a
result. police are increasingly being requested to
include spot-checks for SOP events into theIr alreadv
6
demanding patrol schedule and/or to respond to pub-
lic drunkenness complaints and related public order
problems.
To deal with this perplexing situation in com-
munitieslocated on the southeast side of \lanitoulin
Island, the \tanitowaning Detachment (OPP) has
initiated a proactive strategy in cooperation with the
Addiction Research Foundation (ARF). The OPP and
ARF, in partnership with area municipalities (local
politicians, a~ministrative staff. and citizens), are
developing policies to regulate the operation of SI
events run in municipally owned facilities and pal
Currently, the Township of Tehkummah has deve-
loped an SOP .\lanagement Policy, the Municipality
of Assiginack (Manitowaningl is in the process of
formulating such a policy. Others (such as the Wik-
wemikong reserve). have receIved presentations and
offers of assistance should they choose to develop a
similar policy.
Some Police Regulation Examples
Key regulations appearing in a policy, such as the
one recently adopted in Tehkummah. focus on pre-
venting excessive drinking. promoting safe transpor-
tation options. and generalh introducing procedures
to control the event. A.s a result. special permIt
holders must:
Post a sign stating that it is illegal to ser\'e a
person to intoxication. The sign is posted where
servers of alcohol and consumers can read it - so that
servers can use it as an authontative endorsement to
cut off overindulgent patrons. Such a sign mav read:
STA TE~IE~T OF I:\TOXICA TIO~
8
I t is against the law for am'one operating under a
Special OccasIOn Permit to serve participants to
intoxIcation I a state of drunKenness/.
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PROACTIVE OR REACTIVE POLICING?
TRAINING OR INCARCERATION!
GOOD OR BAD COMMUNITY RELATIONS?!
I
8 \Ve do not .....ish to create or invite problems that
:ould spoil a good time being had by all.
As of September 1989. the To.....nship of Teh.
kummah adopted an alcohol management policy
requiring event sponsors not to serve anvone to
intoxication.
Therefore. lf vou would like a smaller than usual
portion of alcohol. please ask for a 10"'" alcohol beer,
wine or mixed drink.
Post a sign informing participants attending the
SOP function of roadside spot-checks to detect
impaired drh'ers so that drivers. considering taking
the chance of drinking then driving, .....ill percelYe the
threat of apprehension as a reason for not doIng so,
The sie:n could read:
The Ontario Provincial Police Reduce
e Impaired Drivers EYer~'where (RIDE) prO2'ram
thanks ~'ou for helpine: reduce impaired driving
'ver~'where in Tehkummah. 'We look forward to
thanking ~'ou personall~' at one of our spot-
checks.
REV.::N Ma-:- 1991
-
-
designated driver program. The permit holder is
required to advertise the designated driver program.
provide identification buttons and free non.alcoholic
drinks to designated drivers. In addition. the permit
holder must provide alternative transportation
options such as offering a ride home. calling a friend
of the intoxicated driver for assistance. collecting
keys. or if all else fails. detaining and calling police.
Provide trained servers. At least half of the people
helping at the event must have attended an Addiction
Research Foundation Server Training Program.
The four hour seminar explains the law and liability
and provides tips on preventing intoxication and
managing intoxicated patrons.
.:::::
-
-
..:
:;:::
-
-
Put into place sufficient controls: to prevent
underage. intoxicated or rowdy people from
entering the event: to prevent participants from
becoming intoxicated: and to refuse service to
intoxicated participants and have them safel~'
removed. This requires: having the entrance super-
vised; accepting only age of majority cards or a photo
driver's licence; supervising all exits (using only
adults). restricting the number of drink tickets or
drinks sold to four at one time: having sufficient floor
supervisors: cashing in drink tickets any time during
the SOP event: employing private security firms or
police at large events; and recruiting volunteers or
hiring staff that are trained in responsible serving,
practices.
Abide by the directions of a municipal employee
authorized to check SOP events for compliance
to the Liquor Licence Act and ~Iunicipal SOP
Policy. This person may shut down poorly managed
events. Reports of such actIOn being taken can result
in Council suspending rental privileges of facilities to
the permit holder or group they represent for up to
one vear.
Conclusion
Communuv policing mvolves not onÌ\' officers
identifying problems and taking traditional enforce-
ment action. but initiating a proactive role in working
with community members ro prevent problems from
occuring, To reduce the Orne spent policing SOP
events. officers can consult with local officials and
citizens in the development oÎ rules that they can use
to manage their ~pecial Pe~r.:1:t functions - thus help-
ing them a\'OId problems that could !eaò to police
im'olvement anò charges Oelng lalò, UtimateiY. sucn
proactive pOllce aC!lons contribute to lJeVf'lopmg
aìcohol saìe commuh!ties,
7
Keith Symons is the staff sergeant for the
Manitowaning OPP detachment, ~o. 13 district.
located on Manitoulin Island. Readers wanting more
information on police involvement in SOP policy
development should contact him bv addressing
correspondence to Box 39. ManitowanLlg. Ontario,
POP INO, or by phoning (705) 859-3155.
Ron Douglas is the manager, North East Region.
for the Addiction Research Foundation's (ARF)
community programs department located in Sudbury
and servicing Sault Ste. Marie, Timmins and :\'orth
Bav areas.
Acknowledgements
The authors .thank Insp, lean Laforge and S.
Bill Rosser of the Ontario Provincial Police and Ken
Moffatt, manager, Addiction Research Foundati
North "\Vest Region (Thunder Bay and Kenora area~1 "'-
for the comments on the draft version of this article,
Pauline Clarke's and loan Leonard's contributions in
preparing the paper are also appreciated.
8
8
8
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/2J "INi, SInHT '.VEST SUiTE 515
TOHOIJTO OIH.lRIO MSV 2TJ
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------ -
~éCr\~e!s f!1aqe resQonsible for drinkers
V JENNIFER LAVOIE
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lARDER LAKE - Serving one
!the drink 10 a partier al an evenl
:Jl I¡j be cxlJ<::usíve for Ihe hO~L
Tht.: Lanier lake Lions Club
:¡II,led IhallesslJn and have decided
0110 hl)sl any evelllS where liquor is
;,:i,¡g serv..:d,
IInlortunaldy, evenlS Ihal include
ILohol usually ¡ue Ihe clubs' largesl
.trabers. Tht.: Lions have decided
I cancd Ihis yç;¡r's New Year's Eve
my tx:CJuse of Ihelr concerns aboul
IhilllY,
"II's gning 10 get 10 Ihe paint where
I,ul!;; Ihe community. The laws
IV!.: beLli 011 the hooks for a while
It pcopk didn'¡ realize II." past
c~, (kll! Roger I:/llery says.
11le IX ,rtion (,f (he law lilal con-
filS Ihe Lions Club involves being
III llahl~ for tile awons of a patIon
II ulg 01 f()II¡)wiug an eveul where
è¡)hol i~ being served. Mr. Emery
}'S SOIllC of Ille IIIcmtx:rs of Ihe club
Illied aboul liabilily while partici-
tiug in a Saver Inlervemiofl Prng-
1\ {SIP}, òevcl¡)[)<:(my'1fiëï\~
- l.:.:.- -. , -
,n I<esearch Founrl3uon.
RIf:ËîñêrŸ šåys while ¡he Lions
,Jb \Yams to hIlS I evclHs I tlr ¡he
.IU,¡tllllly, li!;t.: the li..:w YL'.Irs Eve
lì, they .Ion'¡ W,II1I It) pllt IliI:lr
~,¡ll.tI ill.lllre:¡ Ull die Illlt.
v
8
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"... nOllo Ihe pain! we want 10 pul
our name down on the dolled line and
pIll aillhe things we have worked for
on Ihe line," Mr. Emery says.
For right now, !he Lions Club will
nol be holding evenlS where alcohol
is served because [heir liability
coverage is only $2 million, which
miglu nO! be enough 10 cover a
liabllily SUil, which can run well over
$10 million.
"There arc nol many insurance
companies who will insure special
evelHs," club see rei aty .treasurer Bob
~ "
Emmell says, adding "Who can
blame them,"
Lions Club member Gabriel Pac-
queue naled Ihose insuronce compa-
nies who do in9Ure special evenlS, are
asking lOp dollar,
"Especially a small service club is
nol going 10 be able 10 alTord ii," Mr.
Emery says,
NOI holding evenlS where alcohol
is being served will hun the amounl
of money [he Lions are able 10 return
10 the community.
Mr. Emery says
lasl year's fish
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IJol1s Club cancels party in fear of lawsuit
derby raised $7,000, and he eslima[es
Olal more Ihan h;,1f Ihe profus came
from bar sales.
"Our biggest money maker is
alcohol sales." Mr. Emery says.
The Lions Club in Ulrder lake
have made numer,,)ns donations to Ihe
lown from Ihe profits made al cvcnts
like Ihe lish daby and the now
cancelled New ¥,;.ar's bash.
The club gave $ 10.000 10 [he
medical CemIe \I'hen il was being Ins[Ílule for Ihe Blind and Lake Saini
built. $1,000 10 Ihe ski hill to buy Joseph, a resor! area for the hand-
racing helmctsand $2,000 10 help icapped and Ihe blind.
--_.._----J.'----- -- "-
wilh the recreation cenlIe, In addi-
Ijon, the club dOn¡¡leS money, which
Ihey do nal publicize 10 help familics
requiring money in limes of need,
"Without money we wouldn't be
able to do these kintls of Ihings," Mr.
Emery says,
In addilion 10 helping out locally,
Ihe Lions Club supports Canine Vis-
ion Canada. TIle Canadian National
,! -;! : I~ .~
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'~nicipal alcohol poHe~es
~ safe guideline~,
meet wide acceptancp,
Responsibility and liability
arc big issues for every-
one involved in Ihe sale or
service ()f alcohol. Licensees
may feel they bear the brunt of
legal re\IX)f1sibilities, but now
Special Occasion ('em,it
holders arc also facing the
spectre of civil suits and huge
financial settlements to Ihe
victims of alcohol-related
accidents. Municipalilies,
which own Ihe premises most
often used for Special Occasion
Permit events (such as spons
banquets, weddings, fund-
raisers), must too share in
ensuring that these alcohol-
related functions are conducted
\afely.
Across the province, alcohol
fx)licies arc being formulated to
help manage the use of alcohol
in municipally owned recre,,-
tional facilities. Municipal
counci" from areas such "s
'Jl1tJllder Hay, Simcoe, Elliot
Lake, and Chaplcau have
worked in collalx)fation with
the Addiction Research Foun-
dation (ARF) 10 develop
policies based on community
inpu!.
Ron Douglas, a manager with
the ARFs Community Pro-
gml11s Depanment. repons that
community panicipation is the
key to success when develop-
ing alcohol policies, "111e more
closely the policy reOects the
community's value system, the
more likely people arc to
Page 4
accept it," he says. "Compli-
ance tlll'n kcomes a minor
issue, because Ihe polìcies
reflect standards .md behav-
¡ours that arc imponant to
Ihem."
For this reason, it is not the
municipal council itself thai
sets the policy. Instead, ARF
advises Ihe council 10 invite
concemed citizens. spons/
service group representatives,
and recreational facility staff to
fonn a group which will
develop policy recommenda-
tions. Local police .Uld the
LLBO may also work with the
group as consultants. Says
Douglas, "111e common ground
for this diverse group of people
is their concern that alcohol be
provided in a safe way."
Together, group memkrs
examine drinking data to
deterrnine the community's
consumption patterns and
problem areas. For example.
some communities discover a
p"l1icular concem with intoxi-
e<ued drivers, while olhers Illay
be troubled by underage
drinking. For many groups,
these problems are not immedi-
ately apparent. "Like an
alcoholic, a community can go
through denial." Douglas says.
"At first community members
say there's no problem. but
after a while they reveal thc
ncar-misses .Uld thc heanache
caused by alcohol-related
incidents. It comes as a shock
to them to realize that SOP
events arc a pal1 of (he
problem."
111e group also examines
literature alx)l t drinking
practices. 111ey leam, for
example, that heavy drinkers
tend to raise m(Xlerale drinkers'
consumption. According to
Douglas. "This makes people
think -- possibly for the fìrst
time -- about the social needs
of abstainers, the range of light,
moderate :Uld heavy consumers
at these events. .Uld their
drinking behaviours. By going
through this proccss, decision-
makers and consumers arc
educated about alcohol, its usc,
and appropriate management
practices."
The ARrs function as
consultant is to provide this
type of educational information
and guide the group through
the policy devdupment plOC-
ess. Terry Piché, Chapleau
recrealionaldirector, rqX)I1S a
sillcessiul rl'lalionship with thc
¡:ollndalion: "'TllC ARF gavc us
direction, but thcy didn't drag
us into anything," he says.
"111ey let us raise our OWn
ideas :Uld helped us Icam from
thc mistakes of other commu-
nities."
'Tl)C Liquor Licence Board
also plays a role in this process,
For exmnple, LLBO Inspector
Lou Renzoni mct with Piché's
group last year to present an
overview of Ontario's liquor
8
laws. "We went through the
do's and don'ts of the Act and
Regulations," says Renzoni.
"'Illeir policies now give thcm
a hmldle on Special Occasion
Pennits issuancc, and I think
it's fmllastie."
A policy that a group fìnally
recommends will cover which
municipally owned facilities
are appropriate for alcohol-
related events and how alcohol
use will be regulated. For
example, a policy might:
. prohibit the admittmlce of
minors to events where alcohol
is available;
. require server training for
bar and security staff;
. specify the number of
security staff that must be in
place. depending on the size of
the evenl;
'insiston$lmillionin
liability insur.Ulce;
. require safe transponation
strategies;
. recommend that applicants
for penHanent liquor licences
develop similar alcohol
policies.
111ese recommendations must
then go to thc municipal
council for resolution. Douglas
tells of two municipalities that
tried to shoncut thc process by
simply adopting another
community's alcohol policies,
"In boÙl cases the policy never
made it ùlfough council," he
repons. "It didn't work because
people fclt rules were being
imlXlsed on thcm rather th.m
evolving from their input. -nle
process is as impol1ant as the
final policy outcome." Terry
Piché agrees; "I can't ovcr-
emphasiœ that p()int. 'Ille fact
that we had input from the
puhlic. service groups, and
users more th.Ul contrihuted to
our success."
How successful have these
policies been? "I'm not saying
that there aren't any problems."
Piché concedes. "l3utnow our
staff is traincd enough that Ùley
know when someone is outside
the guidelines and Ùley know
how to control the sitUation."
l11c ARF is evaluating the
progr¡un. arId there are already
reports of a decrease in
alcohol-related problems at
Special Occasion Permit events
in areas that have gone through
the Ixllicy development proc-
ess. "It works." Douglas
concludes, "becausc there's an
elemenl of democracy in it.
When you ask people what
they think. encourage Ihelll to
talk to each other. .wl really
listen to the answers, people
will gravitate towards a posi-
tion of common sense and
comlllon good."
@
Liquor Licence Board of Ontario
Page II I ---- -=w
I Wed..esday, No"mber 11, 1992T Jrl e E YJ L e R p R f 5 e
" 'd'" , , "
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Rules for serving alcohol are sobering
Learning about the responsibility
:ntailed in serving alcohol was a
;obering experience for some
roquois Falls area residents.
Twenty eight represenu!lives of
Ire:¡ groups and organizations lOok
Jan in a Server Inlervention
>rogram workshop held at ù1e Jus
lordan Arena, Thursday, October
19. The workshop was compiled by
ht Liquor Control Board of
)ntano and was presented by René
Lauzon,of the Addiction Research
Foundation,
He explained if the Liberal
~overnmenl had remained in
power, taking a similar workshop
would have been mandatOry for
anybody 10 work as a bartender at
any place where alcohol is served
whether they worked as
professionals or as volunteers.
One of the primary goals of the
program Lauzon said is to reduce
the risk of liability to the
organi7Á1ÚOn holding the funcúon,
Lauzon said there has been an
increase in liability suits and the
people being named in the suits is
reaching a broader runge,
He citctl a current case where a
man attended a bonspiel banquet
and was served to intOxication, "He
drove away, rolled his pick up,
suffered grave injury to his back
and now IS suing the town of
Valley East for 54,2 million,"
Lauzon said,
TIle man named the tOwn in the
suit because they owned the
buillJing where the banquet was
held. He also named all of the
people who were working at the
~ven!. "His claim is that he should
not have been served to the point of
intoxication. and that responsibility
lies with the people who served
him," Lauzon said,
The law does state a person
(¡¡¡¡not be served past the pOint of
Hì\OhICíl\lOI1,
"There arc a lot of pcoplc who
the plainúff and the awards which
used 10 be in the thousands are now
in the millions,"
"In the past the onus of
responsibility was on the
individual, but, in response to the
concerns of the public, courts are
leaning IOward the plaintiff and as
a result the onus is now on people
serving the alcohol," Lauzon said.
One way of decreasing the
liability is for the community to
have a policy in place which
requires people to be certified
through a SIP program before they
can work at events where alcohol is
being served.
Both the Town of Iroquois Falls
and the Township of Black River-
Matheson is currently developing a
policy for ilS buildings.
Bob Hardy the council member
on the Iroquois Falls committee
indicated it is very likely the policy
will include a stipulation that
anybody serving alcohol in tOwn
buildings will have to have a SIP
certificate.
The certificate indicates that a
person is aware of the regulations
and has had some training
recognizing and avoiding potential
problems with intoxicated persons.
"This program is not about
eliminating the serving of alcohol,"
Lauzon said, "with a good
community policy in place and
people trained, you can eliminate
95 percent of the problems and still
make sure everybody has a good
time."
Lauzon added in some
communities where policies have
been imp.Jemented groups ',ave
found that even more people are
attending the events becasue they
are confident nobody is going to
get drunk and be disrupúve.
"Alcohol impairs people. and any
úme you agree to serve it you take
on the responsibility for that
person," Lauzon said.
" That responsibility doesn't end
when hc gelS home. Your liability
ends when the fellow is sober."
Lauzon said the same relZUlations
pert:1in 10 individuals in their own
homes. "If you have your brother
over and he has a few beers and on
his way home he hits a person and
maims or kills them, they. or their
family, may come after you."
Servers are responsible for their
patron the minute they walk in the
door even if a person has had
several drinks before they show up
at the event.
The law leaves the number of
people working at the event up to
the organizers, but, Lauzon warned,
"you can't use the lack of people as
an excuse if something goes wrong.
In order to run your event you need
10 have the appropriate number of
monilOrs,"
In order 10 ensure the event is
run safely organizcrs have the right
to deny entry to minors. people
who are intoxicated, and people
who are known trouble makers, or
to limit entry to avoid
overcrowding.
You can also ask people to leave
if they become disruptive ;lOd it is
Cont'd on pg. 82
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SIP
René Lauzon of the Addiction Research Foùndation chats with Gail Buchan and Gloria
Bujold at the Server Intervention program workshop held at the Jus Jordon Arena,
Thursday, October 29. Buchan and Bujold were two of the 28 people who attended the
workshop which outlined the responsiblities for servers of alcohol.
8
-----,-.- . '-
4~J..r\" 1J\.¡"
/ ',- ........ /
.I ,,'y"" '<,
CORPORATION OF THE TOWN OF MIDL~~~"/ \C. \
(~:. ~\A\i i 7
BY-LAW NO. 94-16 \::\ 'if...
\;':"Â
,~/,
A By-law to establish an Alcohol Risk Mana~~
Policy for the Community Services Facili tïes ( / ! ',' \ ... ..
of the Corporation of the Town of Midland
- - - - - - - - - - - - - - - --
-------
WHEREAS Council expressed its desire to seek certain
restrictions and controls with respect to alcohol consumption
within the parks, sport fields, and facilities of the Community
Services Department;
AND WHEREAS an Ad Hoc Committee for the above matter has
8
reviewed the matter and made certain recommendations with respect
to alcohol consumption;
AND WHEREAS it is now deemed expedient to establish a
policy with respect to the aforementioned matter.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN
OF MIDLAND ENACTS AND BE IT ENACTED AS FOLLOWS:
1.
The Corporation herein adopts an Alcohol Risk Management
Policy for the Community Services Facilities in accordance
with the terms as attached hereto and marked as Schedule "A".
2.
This By-law shall come into force and take effect immediately
after the final passing hereof.
By-law read a first, second and third time and finally
passed at a meeting of the Municipal Council of the Town of Midland
.
held this 28th day of February, 1994.
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'-MAYOR
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TOWN OF MIDLAND
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Schedule II A II
Alcohol Risk Management Policy
Forward
A range of problems can arise from alcohol consumption. These
problems can affect not only the alcohol consumers but also other
people who use the facilities. In many instances, these problems
will not be attributed to moderate drinkers or to those who respect
the rules regarding alcohol consumption. The majority of problems
arise from drinkers who engage in:
1)
2)
3)
4)
Drinking
Drinking
Underage
Drinking
to Intoxication
and Driving
Drinking
in Prohibited areas
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To the extent that these four drinking practices can be reduced,
the likelihood of alcohol related problems will diminish. The
completion of the Server Intervention Program (S.I.P.) Training
course is strongly recommended for individuals involved with
functions that have a Special Occasion Permit.
Purpose of the Policy
To provide a management strategy for the control of alcohol in
municipal parks and recreation facilities which reflects the
municipality's philosophy, considers the needs of the community and
ensures the health and safety of the participants and facilities
where alcohol may be deemed suitable for use.
The Policy is divided into five (5) sections:
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1) Designation of facilities where alcohol use is
prohibited.
2) Designation of facilities where alcohol use is
permitted
3)
Specification of conditions where alcohol use
is permitted.
4)
Enforcement
policy.
procedures
for
violations
of
the
5)
Specification of events not eligible for a special
Occasion Permit.
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Page 2
Alcohol Risk Management Policy
Section 1
SEcrION 1 - Areas Desig1UIled where Alcohol use is Prohibited
The consumption of alcoholic beverages is prohibited in the
majority of parks, sports facilities and service facilities in the
Town of Midland. Midland Town Council, at its discretion, may
change the designation of any site. Users of these facilities will
be required to sign an Agreement that will exclude alcohol during
their event, such as but not limited' to the following: ball
diamonds, tennis courts, unlicensed areas of the Arena and civic
Centre. The said Agreement is attached hereto as Appendix A
forming part of this by-law.
SEcrION 2 - Areas Designated for Conditional Use of Alcohol
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The following facilities and areas are currently designated for
alcohol use under the authority of a Special Occasion Permit.
Midland Town Council, at its discretion, may change the designation
of a site.
NO STAGS ARE PERMITTED AT ANY OF THE FACILITIES
==-
stags are generally defined as functions which are run for the
monetary gain of an individual and/or group whose purposes are not
described as being charitable in nature or for the general good of
the community at large.
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2.1 Facilities for Soecial Occasion Permits
1) Midland Centennial Arena and Board Room
2) Midland civic Centre Main Floor
3) Midland Civic Centre Board Room (A)
4) Little Lake Park
5) Pete Petterson Park
6) Tiffin Park
7) Herb Beauchamp Ball Diamond
SEcrION 3 - Conditions for Special Occasion Permit
Anyone who wishes to serve alcohol at a designated site must
complete an Agreement Form that stipulates the condition under
which alcohol may be served. The said Agreement Form is attached
hereto as Appendix B forming part of this by-law. In addition, the
responsible person must obtain a Special Occasion Permit from the
Liquor License Board of Ontario. The Special Occasion Permit
holder must ensure that all the conditions of the Liquor License
Act and policies and by-laws of the Town of Midland are adhered to.
The Town of Midland reserves the right to refuse an applicant
permission to run a licensed event on its property. Permits will
not be issued by the Town of Midland for alcohol consumption at any
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Page 3
Alcohol Risk Management Policy
Section 3 (continued)
YOUTH SPONSORED EVENT.
All Special Occasion Permit holders are required to adhere to the
following conditions:
1)
2)
Sale of Alcohol
1)
3 )
The permit hold will accept only Age of Majority
card, a photo drivers license, or a passport as
identification for alcohol purchases or
consumption.
The permit holder will provide the Town with a list
of the bartenders, door and floor monitors two (2)
weeks prior to the event. All bartenders must have
completed the Server Intervention Program and be
qualified and aware of their responsibilities and
legal liabilities.
Entrance monitored by two (2) people, both of whom
must be nineteen years of age or more.
Special Occasion Permit' Holder signatory must
attend the event and be responsible for making
decisions regarding the operation of the event.
The bartenders shall not consume alcohol during the
event nor will they be under the influence of any
alcohol consumed before the event. The
organization named as the holder of the Special
Occasion Permit shall ensure responsible
individuals carry out the duties of the floor
monitors and door monitors.
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4)
5)
6)
Two (2) off-duty Police Officers are to be hired
for events of attendance 200 to 500.
For events of
200 people or under, the Permit Holder must obtain
and pay either one (1) Floor monitor who has
completed the Server Intervention Program or two
(2) off-duty Police Officers. Events with an
attendance of over 500 must have either four (4)
off-duty Police Officers or two (2) off-duty Police
Officers and three (3) Floor Monitors who have
completed the Server Intervention Training Program.
The cost shall be paid directly by the Permit
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Holder.
Bartenders shall not serve to anyone (1) person at
anyone (1) time more than two (2) alcoholic
beverages. Discounts will not be offered for the
volume purchase of tickets.
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Page 4
Alcohol Risk Management Policy
Sale of Alcohol (continued)
2)
All bottles and cans shall be retained within the
Bar Area.
3 )
Unused tickets purchased at the event may be
redeemable for cash at any time during or after the
event.
4)
Bar area to close after the last patron is served
beyond 12:30 am and no later than 1:00 am with no
last call. All patrons must vacate the building by
2:30 am.
Low Alcohol and Non Alcohol Options
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The permit holder will ensure that 30% of the alcohol beverages
offered consist of low alcohol options (ie: low alcohol beer, light
wine, and low alcohol spirits). Non-alcohol beverages will be
available at a lower cost than any alcohol beverage.
A sign will be posted identifying the low alcohol and non-alcohol
beverages and food available at the event.
Accountability
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A copy of the Special Occasion Permit must be posted for public
view. The telephone numbers for the Town of Midland and the Liquor
License Board of Ontario shall also be posted for public view.
The permit holder will obtain a minimum of one million dollars
liability insurance, name the Town of Midland as an additional
insured, at least two (2) weeks prior to the event. The permit
holder will indemnify and save harmless the Town of Midland from
all claims arising from the permit event.
At least one (1) municipal employee with authority to demand
correction or shut down of an event on behalf of the municipality
will be on duty for all Special Occasion Permit licensed events.
No marketing practices which encourage increased consumption of
alcoholic beverages will be allowed, such as but not limited to the
following: over sized- drinks, drinking contests, double shots,
volume discounts.
Safe Transportation
The Permit Holder will be responsible for promoting safe
transportation options for all the drinking participants, such as
but not limited to the following: provide free non-alcoholic
beverages for Designated Drivers; post the phone numbers of local
taxi companies; rent a bus, etc.
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Page 5
Alcohol Risk ManW!ement Policy
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Enforcement Procedures fòr Policy Violatíon
2)
Where the Special occasion Permit holder has violated the
municipal policy and has been informed of such a Municipal
Employee empowered to do so, the group will be sent a
registered letter advising of the violation, and indicating
that no further violations will be tolerated.
Should the special Occasion Permit holder violate the policy
within two (2) years of receiving notice of the first
violation, the organization and/or individual named on the
Special Occasion Permit will be suspended from use of the Town
of Midland facility for the period of two (2) years. A
registered letter will be sent to the contact person advising
of the suspension. A copy of the suspension will be provided 8.
to Midland Town Council.
1)
lmplementatíon Dare
The effective date for implementing this policy shall be
June 1, 1994.
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APPENDIX" A "
MIDLAND COMMUNITY SERVICES
Name of organization
Name of Contact Person
Certi fication
Signature on behalf of
the above named
organization
Agreement received by:
Date;
Spong Activity Agreement
1)
I understand that alcohol cannot be consumed in Town of
Midland facilities and areas in compliance with the Liquor
License Act of Ontario.
2)
I understand that if any member of the organization is
consuming alcohol in these facilities or areas, a registered
letter of warning will be issued advising of the policy
violation and indicating that no further violations will be
tolerated. Independent action can be taken by the Midland
Police Force, at its discretion.
3)
[ understand that if any member of the organization violates
the policy within two (2) years of receiving a warning, our
group will be suspended from using any Town of Midland
facilities or area for a period of two (2) years.
4)
Prior to using the facilities, I will provide the Midland
Facilities Manager with the names and addresses of the teams
contact person so that the policy can be sent to them.
--
APPENDIX "B"
MIDLAND COMMUNITY SERVICES
Special Occasion Permit Holder AgreemDll
Name of Organization
Name of Contact Person
Certification
Signature on behalf of
the above named
organization
Agreement received by:
r, -"".- .
. . u_- --
_H_.____-- _.-
1)
I have received and reviewed a copy of the MUNICIPAL
RISK MANAGEMENT POUCY.
2)
I agree to adhere to the conditions of this Policy and the
Liquor License Act of Ontario.
3)
I understand that if an infraction of the policy occurs the
Town of Midland'may warn or suspend my organization from
using the facilities for a period of two (2) years.
4)
I understand that the organization named above can be held
liable for injuries and damage arising from the failure to
adhere to the Liquor License Act of Ontario or from otherwise
failing to take action that will prevent foreseeable harm from
occurring.
5)
I understand that Midland Police and the Liquor License
Board Inspector can lay charges for infractions of the Liquor
License Act of Ontario or other relevant legislation.
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TO:
Members Oro Parks and Recreation Advisory Committee
FROM:
Bob Gregory, Chairman
RE:
Chairman's Year End Report
IH'1'RODUC'l'IOH:
As 1993 draws to a close I felt it was impo,rtant to reflect
back on the past year's activities of the Adviso,ry Committee.
The 1993 mo,nthly minutes reinforced for me the pleasure I have
had in chairing the activities of so many dedicated and
hardwo,rking members. It occurred to me, that in having the
distinction of being the last ever Oro Parks and Recreation
Advisory Committee, we could all be proud of our accomplishments.
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In addition to the regular monthly meetings, each and every
member contributed unselfishly of his/her time to promote and
improve recreational services in Oro Township. I remember the
long and sometimes controversial discussions regarding the
committee's mandate which was undoubtedly motivated by a sense of
wanting to do more than may have originally been expected.
Much of the strength of the committee can be attributed to
the professional and competent wo,rk of Debbie Broderick. Her
responsibilities have steadily increased yet she somehow manages
to accomplish each and every task. I hope in so,me small way we
have assisted and supported her in her endeavours and she will
forgive us for adding to her already busy schedule.
I wo,uld also like to thank Linda Aitkin for her assistance
in often making clarity out of confusion and finding just the
right words to sum up a half hour discussion in one sentence.
To the members of Council who, regularly attended the
meetings, I wish everyone could have the opportunity to see the
kind of dedication and support which they have given to the
Committee's work. Despite differing strategies, I feel we have
worked well together towards our common goals. When elected
officials take such and active role in the hands on work it is
rural politics at its best.
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Finally, I would like to express my appreciation to the
appointed members who responded above and beyo,nd the call of
duty. Whether it was attending subcommittees, organizing dances
or trudging through Oro's countryside you have set a high
'" ,~..§.t,~pg¡:;~dtC)r,fu.tur e..~commi.ttee&.._:throug.h ~your.~e ffortSc.. .Many
citizens of Oro have benefited from your dedication and interest
in the well-being of your community.
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REVIEW OF 1993 ACTIVïTIES:
1.
Committee Mandates
Although the Committee mandate can be expressed in a few
written words the discussion regarding this matter set the tone
for the vast increase in the committee's activities. In 1993 the
Advisory Committee became proactive in its approach which is
reflected in the numerous activities in which members became
engaged.
2.
Parkland Survey
Throughout the past year the Committee members have been
involved in a survey of all parkland in Oro. This has involved
numerous volunteer hours in an effort to establish priorities for
future development and assist in meeting the recreational needs
of Oro residents. This task is now nearing completion and should
form a meaningful foundation for park development in the future.
3.
Community Hall Boards
Through the efforts of the Advisory Committee two meetings
were held in 1993 with representatives of the many Hall Boards in
Oro and Medonte. This initiative has bred new life into the
Community Halls and discussions are now underway to form a
Community Hall Board Association.
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4.
Community Park Development Policy
The Advisory Committee has attempted to foster a partnership
arrangement with smaller communities interested in developing
parkland. A policy of sharing costs with local community
associations has been approved by Council which clarifies the
method of obtaining recreational services.
5.
Ice Users' Policy and Formula
As demands for ice time at the Arena outgrew the
availability the Advisory Committee initiated the development of
a policy to ensure children and local residents were given
priority. In addition, a user-formula was established in order
to ensure a fair distribution and maximum use of ice time.
6.
Day Camp
A sub committee of the Advisory Committee completed a review
of the Oro Day Camp in order to recommend changes which will
continue to enhance this important recreation program.
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7.
aMRA Conference
Ora nas been successful in obtaining the aMRA Conference for
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1994 and members of the Advisory Committee have taken a
leadership role in the conference planning process including
hosting a very successful hospitality suite at the 1993 aMRA
Conference in Collingwood.
8.
Budaet
For the first time, this Advisory Committee has had an
active role in reviewing the Parks and Recreation Department
budget.
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SUDDort to Local GrouDs
Through the efforts of the Advisory Committee several local
groups have been supported in their endeavours to provide better
services. Insurance coverage for Community Hall Boards has been
clarified, The Hawkestone Dock received necessary repairs and
assistance has been given to such groups as Rails to Trails.
10.
Proarams and Activities Flyer
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Programs and services have expanded dramatically in Oro and
the Advisory Committee has recommended the creation of a flyer
for distribution throughout the Township. Hopefully this
initiative will come to fruition through the efforts of the 1994
Advisory Committee.
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New Baseball Diamond
Thanks to the efforts of the Oro Lions Club, a new baseball
field was constructed at the Arena site during the past year.
12.
Additional Activities
Many members of the Advisory Committee have participated
directly in planning and/or consultation on the delivery of
programs and services such as community dances, a Motorcycle fun
run, and the March Blues Festival to name a few.
SUMMARY AND RECOMMENDATIONS:
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Under County restructuring the new Parks and Recreation
Advisory Committee for Oro-Medonte will be quite different with
only two members of the joint Council being appointed. Although
this may provide broader volunteer input and influence it will be
important that all members of council be kept informed of the
importance of recreational services to the well-being of Oro-
Medonte residents. Sometimes elected officials do not recognize
re.creation. as~an-..essentiaL-service~when~faced--w-ith--al--l-the.~~the~~~'
demands for taxpayer's money. It is incumbent upon the volunteer
committee members to ensure recreation is given a strong voice in
the political process.
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Community Hall Boards and Community Associations represent
an important link in the delivery of recreational services which
in the past have been somewhat under recognized. Building a
partnership between elected officials, Township staff and these
organizations should continue to be a priority for the Advisory
Committee. Efforts to refurbish Community Halls should also
continue as these meeting places are increasingly becoming the
heart and soul of community spirit. Joint ventures with
community volunteer organizations is not only cost efficient but
gives the Advisory Committee and Council direct input into the
parks and recreation needs of citizens across the Township.
Budgets and planning go hand in hand in the delivery of any
services and members of the Advisory Committee should take an
active role in budget preparation and lobbying for adequate
funding. This includes providing support to the Parks and
Recreation Department to ensure there is adequate staff available
to deliver existing programs and promote expanded services. The
amalgamation of Oro and Medonte Townships will undoubtedly create
an additional workload for Parks and Recreation staff. Efforts
to convince Council to hire a Facilities Manager should continue
in order to allow the Parks and Recreation Supervisor more time
for program development.
The Parkland survey, which has been underway in Oro, should
be completed and utilized as a foundation for developing policy
regarding future development. Community input should be sought
in determining a strategy for parkland use and consideration
should be given to disposing of parcels of land which are
unsuitable for Parks in order to channel much needed money into
recreational services.
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Above all, the Advisory Committee should continue to be
proactive in its work and take full advantage of the opportunity
it has to convene meetings which solicit community input and
support the efforts of volunteer groups. New ideas and the
ability to implement them are the backbone of progress. As an
Advisory Committee it is important to act as the eyes and ears of
Council and obtain maximum input from the citizens whom the
Committee represents.
CONCLUSION:
This report is not intended to document the many
accomplishments of the Parks and Recreation Department but rather
to reflect on the active role taken by the Advisory Committee in
support of these activities. It has been a pleasure to have
acted as Chairman of this committee during 1993 and I wish the
new committee continued success.
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