Door Remains Closed On Social Host Liability

• Published date: 06 March 2021
• Law Firm: Rogers Partners LLP
• Author: Ms Erin Crochetière

In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.¹

The plaintiff, Mr. Jonas, was assaulted by a guest while attending a party hosted by the defendant at a facility owned by the City of Stratford. The defendant host and City were successful on a motion for summary judgment and the claims against them were dismissed.

The plaintiff appealed to the Court of Appeal, arguing that the motion judge erred in finding no duty of care on the part of the host and City.

The Court of Appeal upheld the motion judge's determination that the host did not owe a duty of care to the plaintiff, as the second branch of the Anns-Cooper Test,² reasonable foreseeability, had not been met.

As recently reiterated by the Supreme Court of Canada in 1688782 Ontario Inc. v. Maple Leaf Foods,2020 SCC 35, in order for a duty of care to arise there must a relationship of...