Can a bar or party host be liable if a drunk guest injures someone?

What the Law Says

Canadian tort law does not impose automatic liability on bars or hosts for injuries caused by intoxicated guests. Instead, courts apply the Anns/Cooper two-stage test to determine whether a duty of care exists — first, whether there is sufficient proximity between the host and the injured person, and second, whether policy considerations negate that duty.

Commercial hosts — like bars, restaurants, and licensed establishments — owe a recognized duty of care to third parties who may be harmed by patrons they serve alcohol to. This stems from provincial liquor licensing laws and common law principles.

Social hosts — such as individuals hosting private parties — generally do not owe a duty of care to third parties under most circumstances. However, exceptions may arise where the host directly contributes to the risk (e.g., serving visibly intoxicated minors or encouraging dangerous behaviour).

No federal or provincial statute explicitly states 'hosts are liable for drunk guests.' Instead, liability is determined through judicial interpretation of negligence principles, informed by statutes like provincial Liquor Licence Acts — though no specific statutory text was provided in this query.

What Courts Have Said

The Supreme Court of Canada has clarified the limits of duty of care in negligence cases involving third-party harm — including situations where alcohol service or vehicle access creates risk.

What to Do

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