"A person hosts a party. Guests
drink alcohol. An inebriated guest drives away and causes an
accident in which another person is injured. Is the host
liable to the person injured?"
The above question posed by the Supreme Court of Canada is
particularly apt this time of year for, as the holiday season
approaches, so too does the (seemingly) endless rounds of cocktail
parties, open houses and general merriment.
The leading Canadian case on social host liability is that of
Childs v. Desormeaux, 2006 SCC 18. The
Childs case arose out of a "BYOB" New Year's
Eve party where the defendant hosts only provided a small amount of
champagne upon which to toast in the New Year. One of the
guests, Mr. Desormeaux consumed at least 12 beers over the
2½ hours he was at the party. He drove away from
the party and was involved in a head on collision which killed one
passenger in the other vehicle and seriously injured three others,
including rendering the plaintiff a
