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Glossary

Social Host Liability

By LiabilityGap EditorialUpdated 2 min read

The short answer

Can I be sued if a guest drives drunk after leaving my party in Canada?

You can be sued, but in Childs v. Desormeaux (2006) the Supreme Court held that merely hosting a party where alcohol is served doesn't, by itself, create a duty of care to people hurt by a drunk-driving guest. Liability remains possible if the host actively contributes to the risk, such as serving a visibly intoxicated guest known to be driving.

Social host liability is the potential legal responsibility of someone hosting a private gathering when a guest — typically one who drank alcohol there — goes on to injure someone. It's the private-party cousin of commercial host liability: Canadian law has long held bars and restaurants accountable for over-serving patrons who then hurt others. The question is when the same duty lands on a homeowner pouring wine in their kitchen.

The leading Canadian answer is Childs v. Desormeaux (2006), where the Supreme Court of Canada held that merely hosting a party where alcohol is served — in that case a BYOB New Year's party — does not, by itself, create a duty of care to third parties injured by a drunk-driving guest. But the Court expressly left the door open: hosts who actively contribute to the risk may owe a duty. Serving an obviously intoxicated guest you know will drive, supplying alcohol to minors, or continuing to pour when the danger is plain — lower courts have since allowed claims on facts like these to proceed, and each case turns on its own details.

Why it matters to you#

"You probably won't be found liable" and "you won't be sued" are very different sentences. Injured plaintiffs commonly name the host among the defendants, and even a claim that ultimately fails must be defended — which is where your home policy's third-party liability section and its duty to defend earn their keep. If a court does find active contribution, the numbers are car-crash numbers: catastrophic injury awards in Canada routinely exceed the $1 million liability limit on a standard home policy. Hosts who entertain often, serve teenagers' friends, or run larger gatherings are exactly the profile an umbrella policy exists for.

In practice#

  • Guests bring their own drinks, you don't monitor anyone, a guest crashes on the way home: under Childs, mere hosting generally isn't enough for liability.
  • You keep refilling a visibly drunk friend's glass knowing he's driving: that's the open door the Supreme Court described.
  • Alcohol or cannabis served to minors at your home is the fact pattern courts and insurers treat most seriously.
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Frequently asked questions

What is social host liability?

Social host liability is the potential legal responsibility of someone who hosts a private gathering when a guest — typically one who drank alcohol there — goes on to injure someone. It is the private-party cousin of commercial host liability, which bars and restaurants clearly bear in Canada.

Can I be sued if a guest drives drunk after my party in Canada?

You can be sued — anyone can sue — but in Childs v. Desormeaux (2006), the Supreme Court of Canada held that merely hosting a party where alcohol is served does not, by itself, create a duty of care to people injured by a drunk-driving guest. Liability remains possible where the host actively contributes to the risk, such as serving an obviously intoxicated guest they know will drive, or serving minors.

Does home insurance cover social host claims?

The personal liability section of a Canadian home policy generally responds to social host claims, including the cost of defending you, up to its limit — commonly $1 million. An umbrella policy adds coverage above that.

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