Alcohol Provider Liability in Canada and the United Kingdom: Legal and Cultural Influences

Abstract

This article describes the extent of alcohol provider liability in Canada and the United Kingdom. While the Canadian courts focus their analysis on the foreseeability of harm, the UK courts determine the duty of care based on an alcohol provider's assumption of responsibility. This has led to a much broader, more paternalistic duty of care for alcohol providers in Canada. Commercial providers have been subject to a broad duty of care since the 1970s, and the lower courts have more recently considered imposing liability on so-called ‘social hosts’ in certain circumstances. In contrast, the UK courts have been hesitant to impose any kind of alcohol-related liability, commenting that adults are responsible for the consequences of their own alcohol consumption. This article explores some of the potential legal and social reasons for this divergence in alcohol provider liability. The wide duty of care imposed on Canadian alcohol providers may be part of a larger trend to expand the duty of care, based on Canada's continuing allegiance to the Anns test. In addition, the divergent approaches may reflect public attitudes and government policies toward alcohol consumption in the two jurisdictions.