OSHAWA, Ont. -- Police have charged a Boston Pizza east of Toronto with selling liquor to an intoxicated person after it's alleged a man served too much alcohol at the restaurant was killed after walking into the path of a car.

Durham regional police say the 36-year-old Oshawa man was fatally struck by the car a short distance from the restaurant early on Nov. 21, 2013.

Sgt. Bill Calder says it's alleged the man -- who has not been identified -- had been served alcohol at the Boston Pizza just before the collision despite being drunk.

The restaurant along with three people have been charged under the provincial Liquor Licence Act, but Calder says details on their alleged roles aren't being released as the matter is before the courts.

Boston Pizza International says in a statement that staff at the Oshawa location are "devastated" by the incident and are co-operating with police.

If convicted, the restaurant could be fined up to $250,000, while the three accused could each be fined up to $100,000 and/or sentenced to up to a year in jail.

Charged are Kirandeep Khaira, 53, and Harinder Brar, 48, both from Brampton, and 24-year-old Whitby resident Alicia Bruneau.

Calder says the driver of the car that struck the man is not being charged.