A woman who drew national attention by suing her employer for allowing her to drink and drive after a company Christmas party has settled her case out of court.
Two years ago, Linda Hunt took a Barrie, Ont., real-estate firm to court over injuries she suffered in a car crash after its office party.
Ms. Hunt, a receptionist at Sutton Group Realty, had several glasses of wine at the open-bar party and drank at a bar later.
Her boss told her not to drive after the party and tried to arrange a ride for her, but she chose to drive home through a snowstorm.
Ms. Hunt, who later pleaded guilty to drinking and driving, lost control of her vehicle and smashed into a truck, suffering brain injuries and a fractured spine.
In February, 2001, Mr. Justice Clair Marchand of the Ontario Supreme Court held her employer partially responsible because he failed to stop her driving home.
The decision was denounced in editorial pages across the country, and many called the trial an example of outrageous judicial activism.
In August, a panel at the Ontario Court of Appeal overturned the ruling and ordered a new trial, saying Judge Marchand had erred when he dismissed the jury because he thought the trial had become too complex. The retrial was to start in March.
Yesterday, Ms. Hunt's lawyer, Roger Oatley, said he had reached an agreement with Sutton Group's insurer that will prevent the case from going to trial again.
Mr. Oatley said the terms of the settlement are confidential, but both parties consider them fair.
He added that the original ruling did not change Canadian law. "The law has always been clear that employers, like taverns, owe a duty of care to ensure that when they serve alcohol, they do not allow their employees or patrons to drive when intoxicated."
Ms. Hunt was unwilling to talk about the case yesterday, and Mr. Oatley said she "is a brave lady, but the publicity around this case has been hard on her."
Earl Cherniak, Sutton Group's lawyer, said he doubted that the publicity surrounding the case had any effect on its outcome. He added that the standard for workplace negligence in Canada was not changed by the case.
"There's no doubt that employers have a duty to their employees. But if this case stands for anything, it's that judges should leave the decisions up to the jury," Mr. Cherniak said.
News of the settlement came a day after another controversial drinking-and-driving case ended.
In August, a Windsor, Ont., man became the first bar owner in Canada to face criminal charges in connection with the driving death of a patron.
Peter Kambas was charged with criminal negligence after a 34-year-old mother died returning from a bar where he was serving. Thursday, the Crown withdrew the charge, saying there was no prospect of a conviction.