Supreme Court Decision in Childs v. Desormeaux
May 5, 2006The Supreme Court of Canada has unanimously affirmed that hosts of private house parties are not responsible for the actions of intoxicated guests once they leave the premises. In Childs v. Desormeaux, the Plaintiff was severely injured after being struck by a car driven by the Defendant, Desormeaux. Desormeaux, a self-confessed alcoholic, was driving home from a BYOB New Year’s Eve party hosted by the Co-Defendants, Courrier and Zimmerman. Courrier and Zimmerman had walked Desormeaux to his car and asked if he was able to drive. They did not know how much he had been drinking because they had not served him.
The case establishes that unless a host knows a guest is impaired and about to drive, the host does not owe a duty of care to other highway users. Commercial servers of alcohol still may be held liable if they continue to serve an obviously intoxicated customer or allow one to drive away and the customer injuries someone. (Summary by Jennifer Woznesensky)
