The plaintiff was seriously injured in a car accident after leaving a dinner theatre.
The driver, her brother, had been drinking heavily at the theatre but showed no visible signs of intoxication.
The plaintiff and another passenger were sober and knew how much the driver had consumed, yet allowed him to drive.
The plaintiff sued the commercial host for negligence.
The Supreme Court of Canada held that while a commercial host owes a duty of care to third parties who might be injured by an intoxicated patron, the host did not breach its standard of care in this case.
It was reasonable for the host to assume that the sober passengers would ensure the intoxicated patron did not drive.
Furthermore, the plaintiff failed to prove that any intervention by the host would have changed her decision to let her brother drive.
