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Social Host Liability in Canada

J. de Beer, “Social Host Liability in Canada” (2006) 14 Tort Law Review 174-82.

9 Pages Posted: 12 Mar 2014  

Jeremy de Beer

University of Ottawa - Common Law Section

Date Written: 2006

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

Suggested Citation

de Beer, Jeremy, Social Host Liability in Canada (2006). J. de Beer, “Social Host Liability in Canada” (2006) 14 Tort Law Review 174-82.. Available at SSRN: https://ssrn.com/abstract=2339149

Jeremy De Beer (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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