On Social Host Liability

Abstract

This paper delves into the complex nature around the circumstances of what makes a host vicariously liable for the actions of an inebriated guest. Drawing on information from previous court decisions and peer reviewed articles, this paper analyses social host liability in Canada. The structure of this paper consists of discussing what kind of tort is being discussed, what is required to prove this tort, the connection between liability and the host, and some defences available to said host. The importance of this paper is to describe the current normative around social host liability which is an underdeveloped area of the law.