Legal experts, law enforcement warn of liability as holiday parties return to Calgary
As Calgary events and venue spaces resume in-person holiday parties after two seasons off due to public health restrictions, lawyers and police are reminding both guests and hosts of what they're responsible for if things go wrong.
"We like to say it’s the silly season right now," said Dave Howard, CEO of the Event Group.
"(We all want to) go celebrate and have a good time. We haven't been able to do that in a long time. COVID kept us in inside, so people are going to be out."
Howard says he works with both the venues and hosts of company year-end parties to ensure a safety plan to make sure the party goes off smoothly.
One lawyer is reminding those who do go out for a holiday event to know the liability risk.
"Being at an event where you go there to have fun and suddenly you have two individuals, one of them picking up a chair and throwing it at the other one, obviously, turns an event that could have been memorable ... with a very joyful spirit and could destroy all that," said Nicola Di Iorio, a partner at DS Lawyers.
He says the employer or host of an office Christmas party is responsible to demonstrate "reasonable care" or duty of care to reduce harm, and to take reasonable precautions to avoid harmful events.
This includes making an effort to reduce alcohol consumption by providing drink tickets, or providing transportation alternatives with taxi or ride share vouchers or shuttle service.
For guests, he suggests behaving as though the holiday party was an extension of the workplace.
HOUSE RULES
Di Iorio says there are similar liabilities for house parties.
Lawsuits are possible if a house party guest takes off, drives impaired and strikes another person, gravely injuring them or causing death.
"(As a host, you) have to demonstrate that you took the reasonable steps to avoid the result," said Di Iorio.
He adds that, ultimately, the house party guest is responsible for the results of their own action, often to a greater responsibility than the host.
Calgary Police Service officials say while hosts are not criminally responsible for an impaired-driving crime after serving alcohol or cannabis, a civil case is possible.
"If you know that one of your friends, family members or guests is driving impaired and leaves the door, you're morally liable for that. If they end up killing somebody or injuring somebody on the roads, you are morally responsible for that," said Staff Sgt. Rob Patterson of the CPS traffic unit.
As for company partners hosted by an employer, Di Iorio says instances of violence should be diffused swiftly, and disciplinary action including dismissal is possible.
He adds that sexual offences should be responded to immediately with details recorded to allow for internal and police investigations.
"What will come under examination is duty to care, to what extent the employer took reasonable precautions to avoid the harmful result," said Di Iorio.
CTVNews.ca Top Stories
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.