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ARTICLE · 15 MARCH 2021

The Court Of Appeal's Recent Decision On Social Host Liability

Pallett Valo LLP
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The Court of Appeal dealt with an order granting partial summary judgment as against the host of the party and the Municipality, which rented the facility used to host the party and permitted alcohol to be served, ...

CanadaLitigation, Mediation & Arbitration
Sudevi Mukherjee-Gothi
Sudevi Mukherjee-Gothi
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The Court of Appeal dealt with an order granting partial summary judgment as against the host of the party and the Municipality, which rented the facility used to host the party and permitted alcohol to be served, in Jonas v. Elliott, 2021 ONCA 124.

An assault took place at the party.

The appellants claim that the motion judge made a mistake in finding no duty of care on the part of the host and the Municipality.

The appeal was dismissed.

The Occupiers' Liability Act  provides that a person or organization with physical possession and/or responsibility for and control over a property is supposed to take steps to ensure that all persons on the property are reasonably safe while on the premises. This duty was correctly articulated by the motion judge.

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