Host liability

Host liability is a negligence doctrine about whether someone who serves alcohol is responsible when an intoxicated guest injures themselves or others. Canadian law distinguishes commercial hosts, such as bars and restaurants, which owe recognized duties, from social hosts, who generally do not owe a duty to third parties merely by hosting.

How BC law treats it

In Childs v Desormeaux, 2006 SCC 18, the Supreme Court of Canada held that social hosts do not generally owe a duty to third party road users merely by hosting, while commercial hosts do (Jordan House Ltd v Menow, [1974] SCR 239; Stewart v Pettie, [1995] 1 SCR 131). Premises safety is a separate issue under the Occupiers Liability Act, RSBC 1996 c 337.

What it means for your business

A licensed establishment, or a business hosting events where alcohol is served, should train staff to monitor intoxication and arrange safe transport.

Risks and common mistakes

A business that serves an obviously intoxicated patron and lets them drive can be found liable to people the patron later injures.

Fulcrum's litigation lawyers can help with these issues.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.