With the holiday season upon us, Fraser Milner Casgrain wishes
to remind you of employer best practices for making your company
celebrations a success. In addition to creating an atmosphere where
employees can enjoy a well-deserved measure of 'holiday
cheer', it is equally important to take steps to ensure they
arrive home safe and sound. In keeping with an employer's
general obligation to take reasonable steps to protect the safety
of employees, the standard of care owed by an employer when serving
alcohol is significantly increased.
Two leading cases dealing with 'employer-host liability'
are Hunt v. Sutton Group (2002), 60 O.R. (3d) 665
(Ont. C.A.) and Jacobsen v. Nike Canada Ltd.
(1996), 19 B.C.L.R. (3d) 63 (B.C.S.C.). Both involved employees who
were seriously injured in motor vehicle collisions after consuming
alcohol in association with company-sponsored events. By making
alcohol available, the courts in both cases found their employers
had raised the
