The reinvention of Canadian tort law, 1945–95: Jordan House as case study.

This article examines the landmark Canadian tort law case Menow v Jordan House, which established tavern-keeper liability for injuries sustained by intoxicated patrons after being ejected from premises. Using a historical case study approach, it explores how, in late 1960s southern Ontario, an impoverished Indigenous man's novel negligence claim against a tavern succeeded at trial, appeal, and the Supreme Court of Canada despite lacking clear precedent. The litigation reflected broader socio-legal transformations in postwar Canada, including evolving public perceptions of private legal rights, the rise of specialized personal injury litigation, and judicial openness to expanding duties of care grounded in relational responsibilities rather than strict precedent. The case exemplified a pivotal moment of discontinuity in Canadian tort law, signaling a shift toward greater legal recognition of social vulnerabilities and a redefinition of tort duties aligned with emerging egalitarian and regulatory norms.