Acts and Regulations

2011, c.131 - Contributory Negligence Act

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Current to 1 January 2024
2011, c.131
Contributory Negligence Act
Deposited May 13, 2011
Liability when fault divided
1(1)When by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
1(2)Nothing in this section operates so as to render a person liable for any damage or loss to which the person’s fault has not contributed.
R.S.1973, c.C-19, s.1
Determination of fault
2When damage or loss has been caused by the fault of two or more persons, the court shall determine the degree in which each person was at fault.
R.S.1973, c.C-19, ss.2(1)
Joint and several liability when fault divided
3When two or more persons are found at fault, they are jointly and severally liable to the person suffering the damage or loss, but as between themselves, in the absence of any contract express or implied, they are liable to make contributions to and indemnify each other in the degree in which they are respectively found to have been at fault.
R.S.1973, c.C-19, ss.2(2); 1991, c.27, s.11; 1995, c.40, s.3
Fault and damages are questions of fact
4In an action, the amount of damage or loss, the fault, if any, and the degrees of fault are questions of fact.
R.S.1973, c.C-19, s.5
Joinder of third party
5When it appears that a person who is not already a party to an action is or may be wholly or partly responsible for the damages claimed, that person may be added as a party defendant or may be made a third party to the action on the terms that may be considered just.
R.S.1973, c.C-19, s.6
Costs
6(1)When the damages are occasioned by the fault of more than one party, the court has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just.
6(2)Unless the judge otherwise directs, the liability for costs of the parties shall be in the same proportion as the liability to make good the loss or damage.
R.S.1973, c.C-19, s.7
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.