Category Archives: Social and Commercial Host Liability

Cases involving claims against licensed establishments or in the still-evolving area of social host liability.

Court Refuses Summary Judgment in “Social Host” Claim

In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman … Continue reading

Posted in Occupier's Liability, Social and Commercial Host Liability, Tort News | Leave a comment

C.A. Upholds Punitive Damages Award Against Impaired Driver

In a decision that will be of great interest to the insurance and personal injury bar, the Court of Appeal today released its reasons in McIntyre v. Grigg et al.  In this case, the plaintiff was a pedestrian who suffered a … Continue reading

Posted in Auto, Auto (Tort), Damages, Insurance News, Social and Commercial Host Liability, Tort News | 3 Comments

Commercial Host Liable for Some of Plaintiff’s Contributory Negligence

The Court of Appeal released an interesting decision this afternoon, dealing with several issues. Most significantly, the case addressed the extent to which a commercial host, found to have over-served both a driver and a passenger, can be held responsible … Continue reading

Posted in Insurance News, Social and Commercial Host Liability | 1 Comment

B.C. Tavern Liability Case Notable for Facts, Not Law

By now, you have probably heard of last week’s decision of the B.C. Supreme Court in Laface v. McWilliams et al. This was a case in which a drunk driver drove into a group of pedestrians, causing some serious injuries. … Continue reading

Posted in Social and Commercial Host Liability, Tort News | Leave a comment

C.A. Finds Social Host Liability May Still Exist

The Ontario Court of Appeal has concluded that the hosts of a 1998 Ottawa New Year’s Eve party which resulted in a tragic accident are not liable to the woman who was injured in a car accident caused by an … Continue reading

Posted in Social and Commercial Host Liability | Leave a comment