O•S•C•A•R© Fida's Pizza Changes Hands - Old Ottawa South

MAY 2010
by Rick Sutherland, CLU,
CFP, FDS, R.F.P
I
know you’ve heard it all before.
Although the internet can be a
wonderful source of information
and education is has also become
a haven for the more unscrupulous
aspect of society. There are reports
after reports of how someone or
another was duped or taken advantage
of by these unsavoury characters.
But this discussion is not about porn,
scams or dishonesty. Today we talk
about how the ethical element of
society is now using the internet to
find things out about you and then
use this information, possibly to your
detriment.
Do you have a Facebook profile?
Did you ever use MySpace? Do you
Twitter? Are you on Classmates.
com? Do you have a Blog? Are you
LinkedIn? These modern inventions
of the internet have become popular
forms of sharing information about
our lives. They are the new form of
social networking. Old high school
friends can reunite using these
The OSCAR - OUR 37 th YEAR Page 33
services. Businesses have a ready
network of referrals. You can plan
your next party. You can tell your
story to the world, including pictures.
Isn’t the internet a fantastic sharing
tool?
But you must be aware that there
may be others checking you out: your
banker for instance. These socially
accepted services designed for sharing
information have potential to become
serious tools for lenders to decide on
whether or not they will grant you
a loan. One lender in California has
admitted to using the information on
social networks and matching that
information with credit applications.
Any discrepancy will be reviewed
and the information gathered is used
to determine the creditworthiness of a
client.
The insurance industry has been
using the internet with success for
some time now. It may seem crazy
but there are people who are on a
disability claim, collecting benefits
and were supposed to be unable to
work or perform any form of physical
activity. Then they posted pictures of
themselves on their social network
Are You Liable If Your Guests
Injure Others While Inebriated?
By Anna Sundin
As a general rule, a social host does not owe a duty of care to a person
injured by a guest who has consumed alcohol, the Supreme Court of
Canada held in the 2006 decision Childs v. Desormeaux.
Zoë Childs was grievously injured when the car in which she was a
passenger was struck by a car driven by a drunk driver, Desmond Desormeaux.
Her spine was severed, and she is now a paraplegic. Desormeaux, who was
driving an uninsured vehicle, had a blood-alcohol concentration at the time
of the accident of about 225 mg per 100 ml -- well over the legal limit for
driving of 80 mg per 100 ml. He pleaded guilty to criminal charges arising
from the accident and received a 10-year sentence.
Before the collision, Desormeaux had attended a bring-your-own-bottle
(BYOB) party at the home of social hosts Julie Zimmerman and Dwight
Courrier. Childs sued Zimmerman and Courrier, as well as Desormeaux,
alleging that their negligence had contributed to her injuries.
The supreme court held that a social host at a party where alcohol is
served is not under a duty of care to members of the public who may be
injured by a guest’s actions, unless the host’s conduct implicates him or her
in the creation or exacerbation of the risk.
Although Chief Justice McLachlin said that “holding a private party
at which alcohol is served -- the bare facts of this case -- is insufficient to
implicate the host in the creation of a risk sufficient to give rise to a duty of
care to third parties who may be subsequently injured by the conduct of a
guest,” she did appear to leave open the possibility of liability being imposed
in some circumstances.
It might be argued that a host who continues to serve alcohol to a visibly
inebriated person knowing that he or she will be driving home may be
implicated in the creation or enhancement of a risk sufficient to give rise to a
duty of care to third parties.
The trial judge had found that although the social hosts owed a duty of
care in this case, this was negated by policy considerations involving the
social and legal consequences of imposing a duty of care on social hosts to
third parties injured by their guests, government regulation of alcohol sale
and use, and the desirability of a legislative rather than judicial solution.
If the social hosts had been found liable, the trial judge would have
apportioned liability 85 per cent to Desormeaux and 15 per cent to Courrier
and Zimmerman. All parties agreed that as Desormeaux appeared to have no
assets and was not insured, the rules of joint and several liability would have
made the social hosts effectively assume the full burden of a damage award if
the Supreme Court had found a liability against the hosts of the party.
Beware of the Internet
site showing themselves taking
part in extreme sports or physical
activity like waterskiing. Insurers are
searching social networks for those on
claim and if discovered, benefits are
cut, as they should be. Claims are also
being denied for burglary when the
homeowner is found to have posted
that they will be away on vacation
during certain dates. This just invites
thieves to come over and take your
stuff.
And what about that job interview?
Employers are making a point of
checking social networks to see the
character of the applicant. If there is
a toss up between two candidates and
one has a Facebook profile describing
multiple parties and compromising
photos it will probably be the other
candidate who gets the job.
We know that there are those
who say, “No way, I don’t believe
it.” “They wouldn’t do that.” “It’s
too costly for the companies to look
at me. They’d be wasting their time.”
And you’re right. The message here is
not to become paranoid about using
the internet. We are simply suggesting
discretion. We should not become
complacent.
Whether you are applying a
loan or an insurance policy you may
have a disclosure form to sign. Many
companies are now inserting the clause
“I consent to you reviewing social
networks” or other similar words. So
once you’ve signed the application
anything in the internet is fair game
for review. And if you didn’t get that
dream job that you were absolutely
suited for you may want to have a
look at your Facebook profile. Keep
your comments and photos private, or
better yet, keep them off line.
The foregoing is for general
information purposes and is the
opinion of the writer. This information
is not intended to provide personal
advice including, without limitation,
investment, financial, legal,
accounting or tax advice. Please call
or write to Rick Sutherland CLU,
CFP, FDS, R.F.P., to discuss your
particular circumstances or suggest
a topic for future articles at 613-
798-2421 or E-mail rick@investedinterest.ca.
Mutual Funds provided
through FundEX Investments Inc.
To book an OSCAR ad
call Gayle 730-1058
oscarads@oldottawasouth.ca
Guidance, Protection
and Peace of Mind.
Anna E. Sundin, Barrister & Solicitor
GEnErAl PrActicE includinG:
Family Law, Wills, Real Estate, Incorporations, Litigation and Collaborative Family Law
– A Cooperative and Dignified Approach to Separation and Divorce.–
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