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How to avoid legal troubles when hosting holiday parties
Tis the season to host holiday get togethers but before you send out those invites, Brent McQuestion from The Morris Law Group joins us with things you need to know to host a party responsibly.
Many parties will involve alcohol, so McQuestion says it is important to create a safe environment for guests when they are under the influence.
“That safety has to extend beyond the party itself,” said McQuestion. “There are steps that can be taken to ensure those things.”
He recommends designating someone to watch the door, preferably someone who is Smart Serve Certified. This means the province recognizes an individual as being certified to serve alcohol responsibly.
McQuestion says, as a host, you should be circulating the party and monitoring what people are drinking and how much.
Collecting everyone’s keys at the beginning of the party and encouraging people to take an Uber or a taxi home is a good way to prevent any possible drunk driving incidents.
There are two types of parties: a social party with friends and family and a work party. McQuestion says employers have to have the same considerations as a social party host when having an office party.
“The best approach is to have discussions [about the party rules] in advance of the party itself,” said McQuestion. “[This is so] people come to the party with those expectations.”
McQuestion says an issue came to the Supreme Court in 2006 regarding if the host of a party is liable for all the attendees and their decisions. He says the court found the liability did not fall on the host.
“For fifteen years, that issue has repeatedly come back to the Ontario Court of Appeals,” said McQuestion. “What the court has said is that there are different categories of situations in which liability could be found.”
He says it is better for a host to ensure they have no way of being exposed to any potential liability by establishing a safe environment from the start.
