Canadian Underwriter
Feature

Social Impact

All hosts know there are several elements that need to be properly planned when hosting a social function: the company, the food, the music and, of course, the refreshments. With the anticipated legalization of recreational marijuana in Canada, however, could a social host face exposure if marijuana is provided and something unexpected happens?


July 10, 2017   by Michael Blinick, Partner; and Sean Valentine, Associate Lawyer, McCague Borlack LLP


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Canadian jurisprudence has consistently held that special relationships exist whereby commercial organizations and establishments that serve alcohol or other impairing products owe their patrons a duty to ensure that no foreseeable harm occurs while on or after leaving the premises.

Michael Blinick, Partner, McCague Borlack LLP

Duties included, among others, to ensure that the intoxicated patron does not inflict damage on another person, including damages caused from driving.

With the legalization of recreational marijuana set to occur in Canada during the summer of 2018 and access to the drug likely increasing, it is only a matter of time before the courts will have to determine whether or not a social host can be held liable for foreseeable harm occurring as a result of his or her guest’s marijuana consumption.

Sean Valentine, Associate Lawyer, McCague Borlack LLP

Read the full article in the Digital Edition of the June 2017 Canadian Underwriter.

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Michael Blinick, Partner; and Sean Valentine, Associate Lawyer, McCague Borlack LLP