Date: Wed, 19 May 2004 13:32:52 -0400

From: Jason Neyers

Subject: Social Host Liability

Dear Colleagues:

The Ont. C.A. has just decided that homeowners do not owe a duty of care to those injured by an impaired guest, where the party attended by the guest was a Bring Your Own Booze Party ("BYOB") and the homeowners did not know that the guest was intoxicated and intending to drive, see Childs v. Desormeaux, http://www.ontariocourts.on.ca/ decisions/2004/may/childsC38836.htm.

The decision is a real mixed bag, never really deciding whether or not its purpose is to do justice between the parties (see the discussion of nonfeasance at para. 75) or to promote the aggregate welfare of society (see the discussion of insurance and policy at paras. 77 & ff). As such, I doubt that few people will find the decision satisfying.

Sincerely,

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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