Acts and Regulations

T-8 - Tortfeasors Act

Full text
Repealed on 1 September 2011
CHAPTER T-8
Tortfeasors Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“child” includes son, daughter, grandson and granddaughter;(enfant)
“judgment first given” shall, in a case where one judgment is reversed on appeal, be construed as a reference to the judgment first given that is not so reversed; and in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied;(jugement en premier lieu)
“parent” includes father, mother, grandfather and grandmother.(parent)
R.S., c.232, s.1
2Where damage is suffered by a person as a result of a tort whether a crime or not,
Judgment against tortfeasor
(a) judgment recovered against a tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;
Liability of tortfeasor
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate or of the spouse, parent, or child of that person, against tortfeasors liable in respect of the damage, whether as joint tortfeasors or otherwise, the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of the actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;
Power of tortfeasor respecting contribution
(c) a tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or if sued, would have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
R.S., c.232, s.2; 2008, c.45, s.40
Power of Court to determine contribution
3In any proceedings for contribution under this Act the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage; and the court has power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
R.S., c.232, s.3
Application of Act respecting contract of indemnity
4Nothing in this Act renders enforceable any agreement for indemnity that would not have been enforceable if this Act had not been passed.
R.S., c.232, s.4
N.B. This Act is consolidated to September 1, 2011.