Childs v. Desormeaux and Stewart v. Pettie: Are Party Hosts Liable?
If a guest drinks at your party and causes a crash, are you responsible? The Supreme Court treats social hosts and commercial hosts very differently.
Two Supreme Court of Canada decisions set the rules on host liability for alcohol: Stewart v. Pettie (1995) for commercial hosts, and Childs v. Desormeaux, 2006 SCC 18, for social hosts.
Commercial hosts, such as bars and restaurants, owe a duty of care to the public and to their patrons. Social hosts generally don't owe a duty to people on the road just because they served alcohol, though active involvement can change that.
Commercial hosts: Stewart v. Pettie
A patron drank at a dinner theatre and later crashed, injuring a passenger. The Supreme Court held that commercial hosts owe a duty to third parties, such as other road users, because they profit from serving alcohol and can monitor consumption. On the facts, though, the theatre wasn't liable: the patron was with sober companions, so it wasn't foreseeable that he would drive.
Social hosts: Childs v. Desormeaux
After a BYOB party in Ontario, a guest drove while impaired and caused a crash that seriously injured Zoe Childs. The Supreme Court held that the hosts didn't owe a duty of care to her. Social hosts don't profit from serving alcohol, aren't as well placed to monitor guests, and don't normally control guests' choices.
When a social host may be liable
The court left room for liability where hosts actively create or add to the risk, for example by serving a visibly intoxicated guest and then handing over the keys.
What it means for you
- Hosting: offer rides, taxis or a place to stay, and don't help an impaired guest drive.
- Businesses: train staff, monitor service, and step in when patrons are impaired.
Wondering how a decision like this applies to your situation? NEO can review your facts and explain your options. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.
Sources
Read next: Rankin's Garage v. J.J.: Is a Business Liable When Teens Steal a Car?
General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.
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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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