Before you plan to host a social event this weekend, keep in mind that if your guests end up causing an accident from impaired driving, you could be held liable for serving alcohol to them. This is an evolving area in Canadian Law, where the courts have so far decided on this matter on a case-by-case basis.
What is social host liability?
It is the legal principle that the hosts who served alcohol are at least partially responsible for the accident caused by their intoxicated guests or for the guests themselves getting injured. Over the years, many victims of accidents and the intoxicated drivers themselves have brought forward personal injury claims against commercial establishments and private hosts for serving the alcohol that led to the impaired driving.
What is the legal justification for holding the hosts liable?
The legal justification for holding the hosts liable for the injuries or actions of their guests stems from the following principles.
Foreseeability of harm
- The question is whether the host knew about the possibility of their guests engaging in a risky activity, such as driving, after consuming alcohol.
- When an intoxicated guest is stumbling towards his car, the possible harm from allowing them to drive is obvious. However, physical harm might not be foreseeable in all cases.
Duty of care
- If the physical harm was foreseeable, then the host has an obvious duty of care to prevent it.
- Again, using the same example, the host must therefore provide alternative travelling options to the intoxicated guest.
Recent social host liability cases
As mentioned earlier, the courts are deciding on this matter on a case-by-case basis. Let us look at some of the recent social host liability cases for a little more context.
Childs v. Desormeaux, [2006] 1 S.C.R. 643, 2006 SCC 18
In this landmark case, the Supreme Court of Canada concluded that the hosts of the party held in their private home were not liable for the injuries sustained in the highway accident caused by one of their intoxicated guests.
- The Supreme Court defined three types of situations where the question of host liability comes into question.
- First, when the host has invited the guests to partake in a risky activity, such as a sporting competition.
- Second, when the host has a paternalistic duty of control and supervision over the guests, such as children or students.
- Third, when the host exercises their public function in a commercial establishment, often under a licence, they have an implied responsibility of duty of care in the public interest.
- In this case, the court noted that hosts could not have foreseen the injuries to the third parties involved in the highway accident caused by their intoxicated guest.
- Also, a private host, serving his guests at home, is not expected to monitor their behaviour in the public interest. There is no duty of care in such cases.
Wardak v Froom, 2017 ONSC 1166
This case falls under the second category mentioned in the Supreme Court judgment in Childs v. Desormeaux. It was a private party hosted by a couple on the occasion of their son’s 19th birthday. The plaintiff was only 18 years old and, therefore, underage for drinking. The intoxicated guest left the party on his feet but later got into a car and crashed into a tree, resulting in serious injuries.
The defendants approached the Ontario Superior Court for a summary motion to dismiss the case. The court rejected their request and allowed the case to proceed to trial. The judge pointed out that the hosts could be liable for the injuries sustained since the plaintiff was underage for drinking, and it was their responsibility to monitor and prevent the underage consumption of alcohol during the event. The trial in this case is expected to start soon.
Chanderpaul v. Ceasars Convention Centre Ltd et al, 2025 ONSC 558
Let us now look at a more recent case against a nightclub in Brampton. The woman injured in the accident amended her personal injury lawsuit to include the nightclub where the two drivers consumed alcohol before the accident and moved the Ontario Superior Court with a motion for summary judgment.
- In dismissing the motion for summary judgment, the Ontario Superior Court noted that the owners and directors of the nightclub cannot be held directly responsible for the accident.
- However, the court allowed the personal injury case to proceed to trial, where the extent of the host’s liability, if any, may be established during the legal proceedings. The personal injury lawyer Brampton are keenly monitoring this case.
As a host, how can you prevent such liability claims?
- Prevent underage drinking at the venue. Maintain proper control over the serving of alcohol to ensure this.
- Prevent excessive drinking and monitor such guests throughout the event.
- Do not ignore any signs of potential harm, such as an intoxicated guest stumbling out of the venue. Do not assume that you are no longer responsible for their actions once they leave the venue.
- Assign a designated driver or provide alternative travelling arrangements for the intoxicated guests, and make sure that they are aware of these arrangements beforehand.
Key takeaways
- The host does not become liable for the accident by default. The recent personal injury cases have made it clear that the courts are looking at this matter on a case-by-case basis.
- You need to take necessary precautions and exercise your duties as the host responsibly throughout the event.
- Seek the advice of a qualified personal injury lawyer as soon as you receive notice of the claim.
Nanda and Associate Lawyers is a leading full-service law firm based in Ontario, Canada. Their personal injury lawyers in Mississauga have a stellar track record of victories in personal injury cases for more than 20 years.