Does a tortfeasor have a right to contribution and indemnity from another tortfeaor who has contributed to or contributed to damages?

Ontario, Canada


The following excerpt is from Sale v. O’Grady’s Restaurant, 2011 ONSC 2437 (CanLII):

Alderson v. Callaghan is authority for the proposition that where damages caused by consecutive tortfeasors are indivisible, in that it is impossible to determine which tortfeasor caused which damages, any tortfeasor whose actions materially contributed to those damages will be liable for all the damages and has a right of contribution and indemnity from other tortfeasors who caused those damages.

Medeiros v. Dilworth, above, was followed, apparently with some reservations, by Heeney J. in Misko v. Doe in granting leave to issue the third party claim. It involved two consecutive motor vehicle accidents, two years apart. Actions were commenced in both cases, and the matters were to be tried together. Prior to trial, however, the claim in the first accident was settled. At that point, the defendant in the second accident moved to issue a third party claim against the defendant in the first accident.

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