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.