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Client Update - Social Host Liability

Client Update - Social Host Liability
15-May-2006

On May 5, 2006, the Supreme Court of Canada released its unanimous decision in Childs v. Desormeaux.  The Court concluded that as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol.

Chief Justice McLachlin summarized the Court’s position:

A person hosts a party.  Guests drink alcohol.  An inebriated guest drives away and causes an accident in which another person is injured.  Is the host liable to the person injured?  I conclude that as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol . . .

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