- Karen (Social Host) changes from supplying beer to BYOB and resent invitations
- Social hosts are aware some of the friends invited are heavy drinkers
- Notified guests that alternate arrangements for transportation have been made for those that will drink
- Sam (Intoxicated guest - makes an announcement revealing his high level of intoxication but unknown if social hosts were aware)
- Josh (Another Guest) supplied the jello shots by which Sam apparently used to become so heavily intoxicated
- Sam attempts drunk driving after party and gets into collision
Question: Are Social Hosts Liable?
Related Case: Childs v. Desormeaux, 2004 CanLII 15701 (ON CA)
Case Facts:
Statement of Claim:
- The Plaintiff (Impaired Driver) was involved in collision following a BYOB…show more content… - Were unaware of plaintiff’s high level of alcohol consumption at the event
Trial Judge Decision:
- Social hosts ordered not liable for duty of care based on 2 factors: “1) The relationship of the parties is sufficiently close to give rise to a duty of care; and (2) that there are no policy considerations that negative or limit the scope of the duty.”
Although the first factor was fulfilled since the plaintiff and defendants were good friends, the second factor did not reflect due to the policy of “bringing your own booze” which did in fact limit the scope of the duty to monitor alcohol consumptions by guests.
- The judge declined to impose a duty of care on the social hosts for policy reasons and dismissed the action against them
My opinion:
- If you are to supply your own alcohol, it should be on yourself to control your own alcohol consumption and to make the correct judgement on finding a safe/reliable means of transportation. (Against duty of care
