Blogs Mondaq Canada Case Summary: Goodvin v Penson

Case Summary: Goodvin v Penson

Document Cited Authorities (6) Cited in Related

Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case.

Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master

Facts + Issues

The Defendants Russell and Shelly Penson owned a acreage in rural Alberta. They left the acreage for Calgary on April 29, 2016. That evening, their 21 year old son Cole hosted a party on the premises where drinking took place. The only knowledge that the parent Pensons had that their son would be entertaining guests on the property that night came from a text from their son to the effect that he “might have people over for cards or something”.

At the party, Cole Penson and the Plaintiff Devn Goodvin (age 22) were drinking. Cole was driving his father's truck on the property when he collided with Goodvin who was driving an ATV, resulting in serious injury to Goodvin.

Goodvin claimed against Cole Penson in negligence and occupiers' liability. He claimed against the Penson parents in negligence, for:

Failing to supervise the party; Failing to instruct their son not to drive drunk; Failing to take away the keys for the truck; and Failing to impose restrictions on the party-goers. In an Affidavit, Goodvin deposed that a third party (Jobson) was well aware of a propensity in Cole Penson to drink and drive.The Penson parents applied for summary dismissal of the Goodvin's claim against them for all causes of action other than their statutory vicarious liability for the negligence of their son in driving the truck.

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