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LAWS 2202
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Childs v Desormeaux 1The local case of Childs v Desormeaux is one regarding social host liability Mr Desormeaux attended a bring your own booze New Years Eve party He had a history of driving under the influence that the hosts were well aware of Before Mr Desormeaux left the party with two passengers in his car he was asked by Mr Courrier if he was okay to drive he confirmed he was On his way home Mr Desormeaux was involved in a car accident that killed a passenger and left 3 seriously injured including Zoe Childs who was paralyzed from the waist down The central legal issue at hand is if social hosts can be held accountable for their guests actions after they have left their house intoxicated and have injured a third party In this case the trial judge believed the injuries Childs suffered should have been foreseeable by the hosts Regardless of this he dismissed the case because of policies He does not believe in imposing a duty of care on social hosts towards a third party injured by the guests behavior The Court of Appeals found no relevant proximity between Childs and the hosts of the party and so it moved on to the Supreme Court They decided that there was no special relationship between Childs and the hosts nor have the hosts enforced the risky situation they did not serve him alcohol or know he was too drunk to drive Therefore Mr Courrier and his wife cannot be held liable and the Supreme Court ruled against this case Commercial Host LiabilityChilds v Desormeaux was a crucial case in the torts revolving around social host liability There are a few factors making this a unique case amongst the others Lets take a 120061SCR6432006SCC18
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