Date: Wed, 3 May 2006 16:14:03 -0300

From: Vaughan Black

Subject: Childs v. Desormeaux

This comment is not pertinent to today's fascinating discussion, but it should be noted that Childs v. Desormeaux, the case that the Supreme Court of Canada is to decide Friday, is not a ply-your-guests-with-booze case. The drinker in Childs (1) had been drinking before he arrived at the party, (2) brought his own booze, and (3) served himself.

vb

Quoting Robert Stevens:

1) I don't think anyone was suggesting that a host would be liable to his guests for their injuries to themselves when they drunkenly drive home. That is their lookout.

2) Parties per se are not careless. If you ply your guests with booze, knowing they are going to drive home, you are imposing an unreasonable risk on third parties by your conduct which could have been easily avoided.

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