Acts and Regulations

2011, c.231 - Tortfeasors Act

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Current to 1 January 2024
2011, c.231
Tortfeasors Act
Deposited May 13, 2011
1The following definitions apply in this Act.
“child” includes son, daughter, grandson and granddaughter. (enfant)
“judgment first given” shall, when one judgment is reversed on appeal, be construed as a reference to the judgment first given that is not so reversed; and when a judgment is varied on appeal, be construed as a reference to that judgment as varied. (jugement rendu en premier lieu)
“parent” includes father, mother, grandfather and grandmother. (parent)
R.S.1973, c.T-8, s.1
Damage suffered as result of tort
2When damage is suffered by a person as a result of a tort, whether a crime or not,
(a) judgment recovered against a tortfeasor liable in respect of that damage is not 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,
(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 is not entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action,
(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, but no person is entitled to recover contribution under this section from any person entitled to be indemnified by the person first mentioned in respect of the liability in respect of which the contribution is sought.
R.S.1973, c.T-8, 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 the amount that 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.1973, c.T-8, s.3
Application of Act respecting agreement for 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.1973, c.T-8, s.4
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.