What is the test for determining the relative degrees of fault of a property owner in apportioning damages?
British Columbia, Canada
The following excerpt is from Rackstraw v. Robertson, 2011 BCSC 947 (CanLII):
There are a number of factors that may be considered in assessing the relative degrees of fault. These are summarized in Cavezza Estate v. Seifred, 2009 BCSC 447, aff’d 2010 BCCA 404. Counsel for the plaintiffs relied on these factors as a basis for establishing liability. This is not correct. In the context of apportionment, the court assesses degrees of fault, or blameworthiness. Blameworthiness is not the degree to which each party’s fault has caused the loss but rather the degree to which each party is at fault.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass? (British Columbia, Canada)
What factors will determine the relative degree of fault of a tortfeasor in a motor vehicle accident? (British Columbia, Canada)
What is relative fault under the concept of relative fault? (British Columbia, Canada)
What factors will be considered in determining entitlement to damages under the head of damage? (British Columbia, Canada)
What decisions have been made in relation to the Health and Safety Executive's determination that contaminated soil on a plaintiff's property is a contaminated site? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
In what circumstances will a plaintiff be able to bring a claim for damages against the owner of the property for failing to prevent the spread of a disease-infected tree? (British Columbia, Canada)
