Social Host Liability

Social host not responsible for injuries caused by an impaired guest, Supreme Court of Canada rules.

The July 2004 edition of For the Record (Volume 7, Number 7) includes an article about the Childs v. Desormeaux decision of the Ontario Court of Appeal in which the Court found that, while a social host could be responsible for injuries caused by an impaired guest, the host in that particular case was not liable. The Supreme Court of Canada recently upheld that decision.

Desormeaux attended a “BYOB” New Years Eve party at a private home. He drove himself to the party along with two intoxicated companions, and brought a case of beer, a bottle of alcohol and a bottle of wine. He left the party with a blood-alcohol level twice the legal limit and drove his vehicle.  Desormeaux crossed into oncoming traffic and hit another car head-on, killing one passenger and injuring three others, including Childs, who was rendered a paraplegic.  Childs sued Desormeaux as well as the hosts of the party for damages.  The question for the Supreme Court was whether the hosts were liable.

The Supreme Court of Canada unanimously declined to recognize social host liability, finding that pure social hosts do not owe a general duty of care to users of roads.  The Court held that a duty of care would not be found owing by a social host merely because the host held a party and served alcohol; however, the Court left open the question of whether a duty would be recognized if the host served alcohol to a visibly inebriated person knowing the individual would be driving home.

Although an interesting development, the case will not likely change the obligations placed on employers with respect to functions where alcohol is served and which have a clear employment nexus.  This is because employers are not pure social hosts and will often have a duty of care to ensure the safety of employees attending work-related functions that a mere social host would not have towards his or her guests.

Source – Hicks Morley