By William E. McNally and Barbara E. Cotton

The case law governing the liability of an employer for injuries resulting from the intoxication of an employee has a different origin and proceeds on different principles than that developed around the theory of commercial host liability. This is illustrated by the recent case of Hunt (Litigation Guardian of) v. Sutton Group Incentive Realty Inc., a decision of Marchand J. of the Superior Court of Justice, which has recently imposed liability on the employer, the Sutton Group. In this case the plaintiff was employed as a receptionist with the realtor. On December 16, 1994 the employer held an office party at its business establishment. The plaintiff reported to work at 1:00 in the afternoon and attended the party but, while attending the party, she would answer the telephone and was also expected to clean up after the guests were gone. At approximately 4:00 in the afternoon, after noting her state of intoxication, her employer stated that he would call her common-law husband to come and pick her up. The common-law husband was not called, however. She left the employer's office at approximately 6:30 p.m. and went on to drink with others at the Pub, where she had two more drinks. A winter storm was in progress and there was freezing rain which turned to snow. She had to drive some distance to her home. She had a motor vehicle accident on her way home and suffered brain injury. She sued her employer and the Pub.

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