Party's Over: Duty Of Care Of Social Hosts Hinges On Fact-Specific Determinations Of Foreseeability And Proximity

In the recent decision of Williams v. Richard, 2018 ONCA 889, the Ontario Court of Appeal reviewed the case law on social host liability in Ontario and concluded that a variety of "factual permutations" could give rise to a positive duty of care of social hosts.

Background

Mr. Williams and Mr. Richard were colleagues and friends and would regularly drink beer together after work at one of their homes. Apparently, the two men had a pact that if either of them were going to drive while intoxicated and children were involved, the other would call the police.

On the evening in issue, Mr. Williams attended Mr. Richard's home, where he lived with his mother, Mrs. Richard, and the two men drank beer for three hours. Mr. Williams was estimated to have consumed approximately 15 beers. At some point, Mr. Richard became aware that Mr. Williams intended to drive his children's babysitter home and his children would be in the vehicle when he did so. Mr. Richard apparently threatened to phone police, but did not believe Mr. Williams took the threat seriously. Beyond this threat, there was no evidence that Mr. Richard took any...