McCormick V. Plambeck, Et Al: Are Adult Hosts Responsible For The Safety Of Underage Party Guests Who Leave Their Home After Consuming Either Drugs Or Alcohol?

• Published date: 22 June 2020
• Author: Janet C. Kwong
• Subject Matter: Litigation, Mediation & Arbitration, Cannabis & Hemp, Trials & Appeals & Compensation, Personal Injury
• Law Firm: Alexander Holburn Beaudin + Lang LLP

In McCormick v. Plambeck, 2020 BCSC 881, the BC Supreme Court examined the issue of whether adults who host minors at their home, knowing they will be consuming alcohol and/or drugs, owe a duty of care as a social host to those underage guests.

Mr. McCormick was a seventeen year old guest at a party hosted by the teenage daughter of Stephen and Lidia Pearson at their Salt Spring Island home. It was a general custom for parents on Salt Spring Island to host teenagers and allow them to drink alcohol and use marijuana, as this reasonably controlled environment was preferable to the teens holding an unsupervised gathering in the woods.

The Pearsons agreed to host the party on certain conditions: there was to be no drinking and driving; car keys would be collected from guests who drove to the party; Mr. and Ms. Pearson would circulate throughout the party; and the party would end at 1:00 a.m. Guests were expected to walk home, call their parents for rides, or get a ride from either Mr. or Ms. Pearson.

Mr. McCormick had been invited to the party through a Facebook event in which the Pearson's daughter linked a video produced by an anti-drinking and driving campaign and asked those invited not to drive under the influence. He and a few friends walked to the party at approximately 10 p.m. and drank beer and smoked marijuana on the way. They brought their own alcohol to the house, and Mr...