TORONTO -- Those who plan to gather with family despite COVID-19 restrictions this holiday season may not only face hefty fines, but also personal liability if someone falls ill under their roof.

Personal injury lawyer Nainesh Kotak told CTV's Your Morning that Canadians who flout public health measures by hosting Christmas parties this year risk being sued if an attendee should contract COVID-19.

"The risk if they sue you is that your home insurance may not actually cover a claim like that," Kotak said in an interview on Friday.

Kotak explained that there are a number of exclusions under home insurance policies including for communicable diseases, unlawful acts and criminal acts.

"If you are doing something that is outside of the law or outside of the public health regulations or if you have an exclusion for communicable disease, there is a risk that if you are sued, your own insurance policy will not cover you," he said.

Kotak added that this means the homeowner will have to pay out of pocket for any potential costs associated with a lawsuit.

"What that could result in is not only that the [insurance company] will not cover the damages that may be awarded or payable to a potential plaintiff, but even the legal costs of your representation and that could be quite significant," Kotak said.

Kotak says these costs would vary depending on each case and the damages specific to the individual or group of people who are suing.

However, Ari Singer, a civil litigation lawyer with Singer Katz LLP, says whether someone can sue for a contracting COVID-19 is "complicated."

"It's possible, but it would probably be a difficult case," Singer said in a telephone interview with CTVNews.ca on Wednesday.

Singer explained that the success of a lawsuit in this situation would depend on whether the host knew they or someone at the gathering was infected.

"The biggest issue is identifying did the host know. So if the host didn't know that anybody was sick or had any symptoms, it'd be a much tougher case," Singer said.

"It all comes down to knowledge, but generally in our law we don't sue for contagious diseases," he added.

But Singer said he could not entirely rule out the risk of being sued when getting together over the holidays.

"There isn't a yes or no answer," he said. "That's always a risk when you have people over."

Singer noted that the general recommendation across Canada is to not gather this holiday season. He said Canadians should follow those public health guidelines.

FINES AND OTHER CONSEQUENCES

Despite a second wave of COVID-19 infections and increased restrictions, a recent poll by Angus Reid found that one-third of Canadians plan on visiting friends and family during the holidays anyways.

In the new survey, 30 per cent of the nearly 5,000 respondents said they will be visiting loved ones locally and 10 per cent said they planned to leave their community or province to do so.

While those who gather in some areas over the holidays may risk getting fined up to $10,000, Kotak notes that there are also non-financial consequences for Christmas gatherings including the potential health impact on a loved one.

A Texas family had 15 members contract COVID-19 after gathering for American Thanksgiving, with their grandmother having to be hospitalized.

Kotak said he discourages Canadians from looking for "loopholes" to COVID-19 restrictions so they can gather over the holidays, saying the financial and emotional risks outweigh the benefits.

He urges everyone to follow the public health restrictions in their region when it comes to gatherings.

"With most people that are having a party, usually it's a gathering of their friends, family or loved ones and so you have to consider: Do you really want to risk potentially spreading a deadly disease to the people you care about the most?" Kotak said.

THE ISSUE OF ALCOHOL

Toronto-based personal injury lawyer Jasmine Daya told CTVNews.ca that liability “should not be taken lightly” when hosting an event at one’s home, especially when there is alcohol involved.

Much as it is with drinking and driving, Daya explained in an email on Wednesday, a host is responsible for guests even after they’ve left their property.

"If an individual is intoxicated by way of alcohol or drugs and as a result, they injure themselves or others, the social host can be held liable for those injuries sustained if it was found that the intoxication occurred while a guest of the social host,”" Daya said.

She added that those same laws apply if someone were to unknowingly contract the coronavirus at a gathering over the holidays. Daya said that alcohol may also cause those gathering to forgo public health restrictions such as physical distancing, increasing the risk of transmission.

While Daya advises against having holiday gatherings with friends and family amid the COVID-19 pandemic, she said it is the host’s responsibility to ensure the safety of their guests.

"To avoid liability, the social host must not only monitor intoxication but also take all necessary steps to avoid a foreseeable accident and or injury from occurring," Daya said.

She added that Canadians should hold off on gathering with family and friends until next Christmas.

"I do not recommend it. There is more to lose than to gain with potential liability [and] fines," Daya said.