Social Host Liability in Canada

Abstract

In Childs v Desmoreux, the Supreme Court of Canada ruled that party hosts are generally not liable if their guests drive drunk and injure third parties. The case has major implications for Canadian social hosts, homeowners, insurers and, of course, victims of drunk driving, as well as society at large. This comment explores some of these implications by looking at the underlying reasoning of the Court and the legal and practical significance of the case in Canada and abroad. The comment concludes that the court’s ruling may actually discourage social hosts from acting responsibly.

Keywords: Childs v Desmoreux, Supreme Court of Canada, liability, guests, drunk, drive, drink, injure, third parties, social hosts, homeowners, insurers, victims