What is the responsibility of a host who allows one of their guests to drive, despite the fact that the latter has consumed alcohol during the evening?
The holiday season is an opportunity to gather and celebrate. What is the responsibility of a host who allows one of their guests to drive despite the fact that they have consumed alcohol during the evening?
The Supreme Court of Canada* recently had the opportunity to rule on this question. First, let us recall the facts. A guest, who was intoxicated, leaves a party held in a private residence and shortly thereafter, "collides head-on with another vehicle". One person in that other vehicle is killed and three others are seriously injured. One of the injured individuals sues the hosts of the party for the damages and injuries he suffered.
The Court considers that a distinction must be made between social hosts and commercial hosts.
For commercial hosts, three criteria apply: firstly, supervision is part of the commercial activity, especially since it can generally be expected that servers have special knowledge regarding intoxication; secondly, several establishments have qualified personnel to monitor intoxicated clients; thirdly, excessive alcohol consumption benefits the owner of the "liquor establishment" economically. Therefore, individuals engaged in commercial activities involving the sale of alcohol have responsibilities towards the general public and must exercise due diligence to reduce risks.
On the other hand, social hosts have no "paternalistic-type relationship" with their guests, who are not in a "limited autonomy situation that requires control". Furthermore, they are "entitled to respect the autonomy of their guests". The Court concludes that social hosts do not have a legal obligation to monitor their guests' alcohol consumption.
So why not leave a glass of cognac for Santa Claus under the Christmas tree, provided, of course, he does not entrust the driving of his sleigh to the little red-nosed reindeer.
*S.C.C. 30472, 2006-05-05
