It is time to revisit the
topic of Host Liability and what an employer can do to ensure the
holiday party is the social event of the year and not a litigation
nightmare. If, as an employer, you are planning a holiday gathering
where alcohol will be served, you should be aware that you may be
exposing your company to significant financial liability for the
actions of an impaired guest. The issue of Host Liability is
categorized in three ways: Commercial, Social, and Employer. These
principles and best practices are important to keep in mind,
especially during this time of year.
Commercial Host Liability
The concept of commercial host
liability was set out by the Supreme Court of Canada in
Jordan House Ltd. v Menow, [1974] SCR
239. In that case, a customer sued a bar for damages he suffered as
a result of being hit by a motor vehicle after leaving a bar. The
customer had been kicked out of the bar because of his level of
intoxication. The customer attempted to walk