With Ontario beginning the process of “re-opening”, businesses with public facing services need to shift their focus managing the risk of operating in a pandemic and ensure they do not inadvertently expose themselves to more familiar forms of liability.
As the holiday season approaches, it’s time to revisit the law of employer host liability. If your organization is planning to host a workplace holiday party where alcohol or other legal intoxicants may be served or used, you’ll want to protect your guests from harm and your organization from the potential for significant liability for damages sustained or caused by an impaired employee.
The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the "Act") requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.