Social Host Liability: Still A Potential Cause Of Action In Ontario

The recent decision of Wardak v. Froom ("Wardak") provides an update on the law of social host liability in Ontario. The decision also provides important practice points that highlight the time and expense required to be successful on a summary judgment motion.

The plaintiff in Wardak was an 18 year old young man who became a quadriplegic as a result of a single vehicle motor vehicle accident. The accident occurred after the plaintiff attended a 19^th birthday party at the defendants' home. The defendants (parents of the plaintiff's friend) did not serve or supply alcohol but they were aware that there was underage drinking at the party. Party guests provided witness statements (but not sworn affidavits) for the motion that the plaintiff was intoxicated.