Project

Contribution after Settlement under the Negligence Act (2013)

Project Status: Completed
Project Contact: Kevin Zakreski
Telephone Number: 604-827-5336
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Overview

In court proceedings in British Columbia with multiple tortfeasors, the Negligence Act defines how the cost of damages must be divided in accordance with each tortfeasor’s proportional liability. The act also sets out a scheme for the parties’ right of contribution where they are found to be jointly and severally liable. However, if one of the tortfeasors previously settled their liability with the plaintiff, they may still be required to make a contribution or indemnify the other, following a court proceeding between the plaintiff and the other defendant. Consequently, this disconnect potentially undermines the incentive to settle in multi-party disputes.

In this project, the British Columbia Law Institute will identify and analyze the current common-law trends in managing the parties’ interests in these complex legal situations. It will consider options for reform, publish a Consultation Paper with tentative recommendations, consult broadly with the public, and produce a final report with final recommendations and draft legislation.

Keywords: Negligence Act, contribution, indemnity, multi-party litigation, civil liability, joint and several liability, damages

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Reports

74. Report on Contribution after Settlement under the Negligence Act

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Consultative Documents

Consultation Paper on Contribution after Settlement under the Negligence Act

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Backgrounders

Backgrounder no. 4 – Proposed Legislative Changes in the Report on Contribution after Settlement under the Negligence Act

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Backgrounder no. 3 – Report on Contribution after Settlement under the Negligence Act

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Backgrounder no. 2 – Consultation Paper on Contribution after Settlement under the Negligence Act

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Introduction to Contribution after Settlement under the Negligence Act Project

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Media Releases

BCLI Recommends Reforms to Encourage Settlements of Complex Litigation

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BCLI Proposes Reforms to Encourage Settlements

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BCLI Launches “Contribution after Settlement under the Negligence Act” Project

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