Can British Columbia premier Gordon Campbell sue his hosts for allowing him to drink too much and then drive?
Farfetched you say? In fact, the responsibility of a host for his guests and their actions after serving drinks is an issue in Canadian law.
First, Canadian courts have ruled that bar owners can be liable when patrons get drunk in their establishments and then get into trouble. A recent controversial case even found an employer liable after an employee had over imbibed at a staff Christmas party and got into an accident. Does this apply to the host of a private party? To date no Canadian court has found a party host liable, but there are two current cases where that is the issue.
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In Childs vs. Desormeaux, several individuals were injured and one killed when a celebrant driving home from a New Year’s Eve party crossed the centre line and crashed into an oncoming vehicle. Besides the driver, D, the hosts of the New Year’s Eve party, C & Z, were sued. D was well known to the hosts. In fact C, the male host, had lived with D at one point. The court found that C not only knew that D had an alcohol problem but was also aware that D had previous convictions for drinking and driving. When D arrived with his two friends, the court noted that C observed that D’s friends were intoxicated and should have been alerted that D may have been drinking as well. C and Z should have monitored D and inquired as to his ability to drive. The court found that a prudent person would not have let D drive.
But in a twist, the judge noted that liability had never been applied in such a case and that this would be a “new and novel” extension of liability. He also said this would place “an inordinate burden on all social hosts.” They would have to ask their guests whether they had been drinking or taking any medication before they arrived. The host would then have to watch how much the guest drank and at the end of the evening assess their ability to drive.
This, the judge noted, “may be very difficult, especially if the social host had also consumed alcohol.” And, if the guest insists on driving, it may mean calling the police. In the end the judge ruled that if a host is to be liable, such liability should be established by provincial legislation rather than ruled on by the courts on a case-by-case basis.
The decision is under appeal to the Ontario Court of Appeal, but at the time of writing a hearing date has not been set.
The British Columbia case of Prevost vs. Vetter arose out of a car accident following a teenage party. The Vetters often allowed teenagers to gather in their house to party with their two sons. They did not serve alcohol to the teens, but knew that on occasion the teenage guests consumed alcohol that they brought. When Mrs. V knew there were intoxicated teens in her house she took steps to prevent them from driving home.
On the night in question, the parents had gone to bed when their sons returned home with some friends. They were soon followed by a large group of uninvited guests. The police had to be called to break up the party. The homeowner’s niece was one of the intoxicated teens. The Vetters, unlike other occasions, left their son to deal with the guests and did not prevent the niece from driving.
An injured passenger sued the Vetters, along with the niece. In a preliminary motion, the Vetters applied to have the case against them dismissed. The judge refused and ruled that they had failed to exercise proper control of the party and therefore, they could be held liable.
On appeal, the B.C. Court of Appeal found that the issue of liability should not have been determined on a preliminary motion and ordered that there should be a full trial to determine liability.
I believe that a decision of the Supreme Court of Canada on this issue in the next decade will lead to the courts imposing liability on hosts if their guests leave their place intoxicated and get into trouble.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
