Does a commercial host have a duty to see that an intoxicated patron does not drive?
British Columbia, Canada
The following excerpt is from Donaldson v. John Doe et al, 2007 BCSC 557 (CanLII):
In Stewart v. Pettie the court held that a commercial host has a duty of care to see that an intoxicated patron does not drive. As observed by McLachlin C.J.C. in Childs, a duty of care is justified in such circumstances because “the risks of impaired driving and their consequences for motorists and their passengers are well known” (at para. 28). The same cannot be said about the risks and consequences of a drunken man walking with a glass mug in his hand.
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