What is the test for a claim for contribution and indemnity against a third party?
British Columbia, Canada
The following excerpt is from Stanway v. Wyeth Canada Inc., 2011 BCSC 108 (CanLII):
A proposed claim for contribution and indemnity against the third party under the provisions of the Negligence Act requires the defendants to establish the third parties are liable to the plaintiff: British Columbia v. Imperial Tobacco Canada Ltd., 2009 BCCA.
A claim for contribution and indemnity under the Negligence Act requires that there be liability to the plaintiff: Orange Julius v. City of Surrey, 2000 BCCA 467.
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