By Jillian Toonders
‘Tis the season to put on your shiniest outfit, pull out those dishes you use once per year, and host a party.
But wait!
Before you drink too much eggnog under the mistletoe, there are a few things to consider from a legal perspective for hosting a private party. A private social host who invites the consumption of alcohol by their guests may open themselves up to liability for the actions of their guests.
The Supreme Court of Canada decision Childs v Desormeaux, 2006 SCC 18 is the leading decision on social host liability. It noted "as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol". However, a duty of care may be found based on a two-stage test called the Anns/ Cooper test.
The first stage of the Anns/Cooper test focuses on whether there is reasonable foreseeability of harm and whether the relationship between the host and guest is "proximate" enough to give rise to a duty of care.
For proximity, a court looks at whether a host intentionally attracts their guests to an inherent or obvious risk the host created and controlled. Hosting a party where alcohol is served on its own is not typically enough of an inherent or obvious risk. An added level of risk is needed to find liability within the host’s control.
In Childs v Desormeaux, the hosts held a party where they did not provide alcohol except for some midnight champagne. One of the guests was a known heavy drinker. After the host asked him "Are you okay, brother?", the guest got behind the wheel and drove away with two passengers. He drove his vehicle into oncoming traffic and seriously injured passengers in the other vehicle.
While the lower courts found that a reasonable person in the position of the hosts would have foreseen the guest could cause an accident and injure someone, the Supreme Court of Canada found there was no foreseeability since the hosts did not know the guest was too drunk to drive and simply knowing that he was a heavy drinker was not enough to impose a duty of care to the public.
In the Nova Scotia Supreme Court decision Peterson v. Anderson, 2025 NSSC 186, the party was a BYOB event and an assault occurred by one guest against another guest. The host did not provide alcohol and was not in control of the actions of her guest. The fighting guests were strangers before the event, and it was not reasonably foreseeable that they would engage in an altercation. Since the fight was not foreseeable and the host did not create an inherent or obvious risk, she was not liable for the actions of her drunken guest.
If the first stage is met, the second stage of the Anns/Cooper test looks at whether there is an overriding policy consideration which negates establishing a duty of care. At the policy stage, a court may look at whether a social host should be held liable for the behaviour of their guests when they provide a venue for individuals to socialize and consume alcohol. If a social host increases risks to their guests or acts similar to a commercial host (i.e. a restaurant or bar), there may be an overriding policy consideration to establish a duty of care.
This is not to say that social hosts are never responsible for the actions of their guests.
Hosts should be careful not to create a situation of obvious risk with foreseeable harm. Whether you are liable for the actions of your guests depends on the specific facts; for example, it is probably a bad idea to knowingly invite two heavy drinkers who hate each other, ply them with alcohol, and encourage them to fight.
If you are hosting a party this holiday season, be a responsible host. Avoid encouraging the overconsumption of alcohol, and ensure your guests have safe and sober transportation home, and enjoy the holiday season.
This article is for information only and is not intended to be legal advice. If you have any questions or would like further information, you should consult a lawyer.
