Underage Drinking And The Spectre Of Social Host Liability

With the end of the school year in sight and festivities like prom approaching, educators, parents, and students alike will be planning well-deserved celebrations to mark the end of another chapter. Prohibited by schools but sometimes permitted by parents, underage drinking parents, underage drinking has been known to occur. Parents should be aware of the potential liability they may face as social hosts should there be an injury arising from underage drinking on their property.

Relevant legislation

As most are aware, the legal drinking age in Ontario is 19. This is established by the Liquor Licence Act,¹ which provides that no person shall knowingly sell or supply liquor to a person who is or appears to be under 19 years of age,² and expressly prohibits those under 19 years old from having, consuming, attempting to purchase, purchasing, or otherwise obtaining liquor. There is, however, an exception to these rules: parents or legal guardians of a minor may give