The appellant was seriously injured in a motor vehicle accident caused by an impaired driver who had just left a BYOB party hosted by the respondents.
The appellant sued the driver and the social hosts.
The trial judge found the driver liable but dismissed the action against the social hosts, finding they owed no duty of care for policy reasons.
On appeal, the Court of Appeal upheld the dismissal against the social hosts, concluding that on the specific facts of this case—where the hosts did not serve the alcohol, did not know how much the driver drank, and did not know he was impaired when he left—no duty of care was owed to third-party users of the road.
The appeal was dismissed as to liability but allowed in part regarding costs.
