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

Suggested Citation

Law Institute, British Columbia, Consultation Paper on Contribution after Settlement Under the Negligence Act (March 26, 2013). Available at SSRN: https://ssrn.com/abstract=2249217 or http://dx.doi.org/10.2139/ssrn.2249217

British Columbia Law Institute (Contact Author)

British Columbia Law Institute (BCLI) ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Y1
Canada

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