Staff of the Halifax Alehouse work in front of the bar in Halifax in the early hours of July 7.Darren Calabrese/The Globe and Mail
The twin brother of a man allegedly killed by a bouncer last year at the Halifax Alehouse is suing for negligence, claiming he was injured that same night and that the club failed to adequately train its security staff.
In a statement of claim filed in the Supreme Court of Nova Scotia, Kyle Sawyer alleges that members of Alehouse security wrongfully and intentionally committed assault and battery “by, amongst other things, stomping and punching” him in the head and body while he was a patron Dec. 24, 2022, at around 1:15 a.m.
Mr. Sawyer was at the bar with his brother Ryan, who was gravely injured that same night. He later died in hospital, and a bar bouncer is now facing criminal negligence causing death and manslaughter charges.
The new lawsuit, filed on Oct. 6, alleges that the conduct of Alehouse employees was also harsh and malicious toward Mr. Sawyer and caused him to sustain serious injuries.
These allegations have not been proven in court. The Alehouse has not yet filed a statement of defence.
A legal and regulatory void surrounding bar bouncers in Nova Scotia has come under public scrutiny after the death of Ryan Sawyer last Christmas Eve at the Alehouse.
In 2010, Nova Scotia legislators voted to pass the Security and Investigative Services Act, which was to have established a provincial registrar to oversee the training and conduct of security staff at bars and nightclubs. Yet this law has never been brought into force by successive provincial governments formed by the NDP, Liberals and now Progressive Conservative parties – and the public has never been told why, exactly, this law has been left in limbo.
The Nova Scotia legislature reconvenes Thursday after a lengthy hiatus, but Premier Tim Houston said last month that his government has no plans to activate the 2010 statute. In recent weeks, however, the NDP and Liberals have called on the Progressive Conservative government to proclaim the 13-year-old security law into force.
The lawsuit filed against the Halifax Alehouse last week by Kyle Sawyer does not describe details of any altercation or the extent of his injuries, nor name any individual security staffers.
The statement of claim does allege that the Alehouse and its employees breached a duty to ensure he was safe on the premises, and that he suffered injury, loss and damage.
The statement of claim also alleges that the Alehouse was negligent because it permitted some security staff to be employed when the bar knew or ought to have known they posed a risk to the safety of patrons. The lawsuit alleges the Alehouse failed to institute adequate training for employees.
Several cases arising from the same underlying incidents last Christmas Eve are now under way in Halifax’s courts.
Alexander Levy, an employee of the Alehouse, is facing manslaughter and criminal negligence charges in connection with the death of Ryan Sawyer, whom police found unresponsive on the sidewalk outside the club in the early hours of Dec. 24.
Mr. Levy, a bouncer, is also facing a criminal charge of assault in relation to a previous incident at the Alehouse involving another patron.
This spring, Nova Scotia announced that criminal background checks and training programs would be implemented for bouncers working at five late-night bars in the province, including the Alehouse.
The club is also facing disciplinary charges at the Nova Scotia Utility and Review Board in relation to the death of Ryan Sawyer and other alleged violent incidents.