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RSNL1990 CHAPTER C-33

CONTRIBUTORY NEGLIGENCE ACT

Amended:

CHAPTER C-33

AN ACT RESPECTING LIABILITY IN ACTIONS FOR DAMAGES FOR NEGLIGENCE WHERE MORE THAN ONE PARTY IS AT FAULT

Analysis



Short title

        1. This Act may be cited as the Contributory Negligence Act.

RSN1970 c61 s1

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Apportionment of damage

        2. (1) Where by the fault of 2 or more persons damage or loss is caused to 1 or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each person was at fault.

             (2)  Notwithstanding subsection (1)

             (a)  where, having regard to the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; and

             (b)  nothing in this section shall operate so as to make a person liable for damage or loss to which his or her fault has not contributed.

RSN1970 c61 s2

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Degree of fault

        3. Where damage or loss has been caused by the fault of 2 or more persons, the court shall determine the degree in which each was at fault, and where 2 or more persons are found at fault they shall be jointly and individually liable to the person suffering damage or loss, but as between themselves, in the absence of a contract express or implied, they shall be liable to make contribution to and indemnify each other in the degree in which they are respectively found to have been at fault.

RSN1970 c61 s3

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Questions of fact

        4. In an action the amount of damage or loss, the fault, and the degrees of fault shall be questions of fact.

RSN1970 c61 s4

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Submission to jury

        5. Where the trial is before a judge with a jury the judge shall not submit to the jury a question as to whether, notwithstanding the fault of 1 party, the other could have avoided the consequences, unless in his or her opinion there is evidence upon which the jury could reasonably find that the act or omission of the latter was clearly subsequent to and severable from the act or omission of the former so as not to be substantially contemporaneous with it.

RSN1970 c61 s5

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Trial without a jury

        6. Where the trial is before a judge without a jury, the judge shall not take into consideration a question as to whether, notwithstanding the fault of 1 party, the other could have avoided the consequences, unless the judge is satisfied by the evidence that the act or omission of the latter was clearly subsequent to and severable from the act or omission of the former so as not to be substantially contemporaneous with it.

RSN1970 c61 s6

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Adding party defendant

        7. Where it appears that a person not 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 3rd party to the action, upon the terms that are considered just.

RSN1970 c61 s7

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Apportionment of liability for costs

        8. Unless the judge otherwise directs, the liability for costs of the parties to an action shall be in the same proportion as their respective liability to make good the damage or loss, and where, as between 2 persons, 1 is entitled to a judgment for an excess of damage or loss and the other to a judgment for an excess of costs, there shall be a set-off of the respective amounts and judgment shall be given accordingly.

RSN1970 c61 s10