1 hour ago, gfron1 said:...if the drinking is true, then the restaurant is culpable because they allowed an employee to drink on the job, and that may have impaired their judgment.
The restaurant also hired an apparently incompetent employee, and failed to supervise him. I think this is where the action is when it comes to the law.
Bizarre situation with tragic consequences. Remember it's Canadian law, not American law. No doubt there's a civil suit for damages here against the restaurant, which is responsible for the hiring and supervision of its employees. But criminal negligence against the waiter? From Wikipedia (and take this with a grain of salt), criminal negligence in Canadian law means "wanton or reckless disregard for the lives or safety of other persons."
https://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Criminal_Negligence
The classic example is somebody who drives his/her car onto a crowded sidewalk. The driver intends his/her actions, i.e., driving on the sidewalk, but is totally reckless about the consequences. I don't know if the waiter's actions rise to this level of culpability for a crime. Realistically, I think the restaurant will take the hit for this one in the civil lawsuit.
