The festive season is upon us, bringing with it annual traditions that reflect Ontario's diverse multicultural population. This is the time when people typically gather with family and friends to mark the year that has just passed and the one that lies ahead. And holiday cheer often extends to the workplace, with special events designed to bring employees together.
Depending on the size of the company, holiday parties can be lavish, elaborate functions or intimate, informal get-togethers. They can include fun activities such as potlucks, gift exchanges, "ugly sweater" contests, or caroling.
These gatherings can serve multiple purposes, including boasting morale, which can be especially important after an eventful year. The office holiday party can bring employees together, strengthening the company culture, while allowing workers from different departments to "mix and mingle." Holiday gatherings can be used to recognize the achievements of the past year or even raise money for a favourite charity.
While there are many benefits to socializing and taking a break from the daily work grind, it is important to have a plan to ensure that any after-work event is not only a success, but shelters partygoers from harm. It should also be noted that both the host and their guests have their part to play in this responsibility.
Consider the Legal Obligations.
The primary focus of any festive get-together is having a good time. Is there enough food and drink? Do the decorations convey the right mood? Will people enjoy the entertainment?
You want your party to be remembered long after the holiday season has passed so you put a lot of thought into it. However, one essential ingredient to a successful party that may not get the necessary attention it deserves is keeping guests safe. But it is an important consideration since accidents do happen.
Whether you are planning a gathering at home or an office party you need to be aware of your legal obligations under Ontario's Occupiers' Liability Act. This legislation states that the occupier of a property must do what is reasonable to keep all visitors safe when visiting.
The occupier is not necessarily the owner of the property. It can include the person who is in physical possession of premises, the one who has control over the condition of premises or the activities that occur there, or someone controls the people permitted to enter the premises, such as tenants, landlords and property managers.
The Act does not mean the occupier bears responsibility in all circumstances, since the duty of care is reasonableness but not perfection. The standard of care is based on foreseeable risk. There are also exceptions to this duty of care, such as people who trespass or injuries sustained as a result of a criminal activity.
Minimize Potential Hazards.
During the holiday season, winter weather can have an impact on your guests' safety. While sidewalks are considered municipal property, the occupier of a home or business is typically responsible for clearing snow and ice from the adjacent property.
Every Ontario municipality has bylaws that govern shovelling. If snowfall accumulation is two centimetres or less in depth in Toronto, for instance, it is up to residents and businesses to clear their sidewalks of snow and ice within 12 hours of the end of a snowfall.
Additionally, the City of Toronto states property owners are responsible for clearing ice and snow from private property (including driveways, parking spaces, steps, ramps and landings) within 24 hours after snowfall ends to provide safe access for people and vehicles.
At any time of the year, driveways, sidewalks and steps can present a hazard if those responsible for the property fail to take precautions. Be on the lookout for snow and ice buildup, icy patches or slippery surfaces, uneven pavement or steps, surface cracks or gaps in sidewalks. Other hazards include broken or missing handrails on stairs.
Keeping guests safe inside the venue can include checking for uneven flooring or sloping surfaces, slippery floor surfaces, spills or changes in flooring (from carpet to hardwood for example).
You might rearrange your office for the party to accommodate such things as a sound system so watch for loose cords or cable and loose or unanchored carpet.
Be A Responsible Host.
According to the Insurance Bureau of Canada, business owners need to be "aware of the many risks involved with hosting or sponsoring special events" such as holiday parties.
The IBC states that as an occupier of an owned or rented premise, "you and your organization are responsible for the safety of those who attend the premises. Occupiers must protect patrons from all foreseeable harm." Extra precautions are recommended if:
- alcohol is served
- children/minors are in attendance
- large crowds are in attendance
The Bureau also advises checking government liability requirements and obtaining applicable permits to reduce liability risks that relate to violations since business insurance doesn't pay for fines.
Food and drink are an essential party of any social event but hosts should be cognizant of the risks and responsibilities of serving alcohol. An alcohol-free event is one way of minimizing risks but if you do plan on serving drinks, you may want to consider hiring professionally trained bartenders who can monitor signs of intoxication. Drink tickets and non-alcohol beverages may also be an option to limit consumption.
Holding your event at a licensed establishment can alleviate risk to the host since much of the legal responsibility for monitoring alcohol consumption is left in the hands of trained staff. Pick a location with access to public transportation and consider providing taxi vouchers or rideshare credits.
Remind guests of the dangers of drinking and driving. According to Mothers Against Drunk Driving an average of 10 federal criminal charges and provincial short-term licence suspensions are laid every hour in Canada for alcohol or drug-impaired driving. The Ontario Association of Chiefs of Police recently launched the 2025 Provincial Festive RIDE (Reduce Impaired Driving Everywhere) program to "raise awareness about the many dangers associated with alcohol and drug-impaired driving."
Have You Been Hurt at an Office Holiday Party?
The holiday season is a time for joy but the unexpected can happen, leaving you with injuries that require long-term care.
If you have been hurt due to someone else's negligence you may have questions and the team of personal injury lawyers at Gluckstein Lawyers is here to help.
To make a successful personal injury claim for an incident suffered at an office party, you must show your injury was caused by the occupier's failure to take reasonable steps to ensure that conditions were satisfactory while you were in attendance.
You need to establish that they created the condition that led to your injury or that they were negligent in identifying and correcting a problem in a reasonable time. Remember, the standard of care expected from a defendant in a slip and fall accident claim is not perfection. Courts will assess whether the occupier made reasonable efforts to prevent your accident.
Your actions leading up to your injury will also have a bearing. If you act recklessly on someone else's property and get hurt, a court will take that into consideration. The same principle applies if, for example, you were wearing high-heeled shoes on an icy driveway and fell and broke your leg. You may still be able to make a claim but you would share some responsibility for your injury. Courts consider any failure to act cautiously when awarding a damage settlement.
You should also know that in Ontario, there is a general two-year time limit for filing a personal injury claim so you should seek legal advice early. At Gluckstein Lawyers we are dedicated to full circle care and have the experience and expertise in legal representation you can rely on. Your initial meeting is free and without obligation on your part. We will never charge legal fees until your claim is settled. Contact us today.
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