Summer 2006 NEWSLETTER to clients of Knox Insurance Brokers Ltd. From Randy Bushey, A.I.I.C., General Manager	Close newsletter
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TOPIC: SOCIAL HOST LIQUOR LIABILITY

The Supreme Court of Canada recently ruled on the issue of the responsibility of private individuals serving alcohol in their homes to friends who are subsequently responsible for an alcohol-related vehicle accident.

The case heard by the Supreme Court was Childs vs. Desormeaux and was decided in May 2006. After leaving a BYOB party held in a private home on New Years Eve in the early hours of January 1st, 1999, Desormeaux, who was then impaired, drove his vehicle into oncoming traffic colliding head-on with a vehicle occupied by Zoe Childs. As a result of the accident, the 18-year old Ms. Childs was rendered paraplegic and her 17-year old boyfriend was killed. Desormeaux, who had two previous drunk-driving convictions, had consumed as many as a dozen beers in approximately 2 ½ hours at the New Years Eve house party. His blood alcohol level was more than twice that allowed by law. He was subsequently sentenced to 10 years in jail – at the time, the longest sentence ever imposed in Canada for impaired driving causing death.

In her legal action, Ms. Childs sued Desormeaux and the host of the party that he had attended. The Supreme Court determined that the social hosts were not legally liable for the actions of the drunk driver.

Unfortunately, some media outlets have conveyed that this decision renders all individuals blameless when holding a house party involving alcohol. In fact, the Supreme Court was clear that there are situations where responsibility may fall on the social host, including situations where “the host’s conduct implicates him or her in the creation or exacerbation of the risk”

As your broker, we want to assist you in understanding, assessing and managing the risk. We want to be your TRUSTED ADVISOR.

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