Consultation Paper on Contribution after Settlement Under the Negligence Act
69 Pages Posted: 12 Apr 2013
Date Written: March 26, 2013
Abstract
When one or more of a group of concurrent wrongdoers settles with an injured person, these settling wrongdoers may still be required to make a contribution to or indemnify the non-settling wrongdoers in a court action between the injured person and the non-settling wrongdoers. This consultation paper explores the origins of this rule and examines options for reform. It tentatively recommends amending the Negligence Act, adding a provision to address such partial settlements. The provision would promote settlement of multiparty litigation before trial and would better balance the interests of all the parties with the broader public interest.
Keywords: Negligence Act, contribution, indemnity, multi-party litigation, civil liability, joint and several liability, damages
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