If a plaintiff is absent contributory negligence, does she lose the right to a joint and several judgment?
British Columbia, Canada
The following excerpt is from Saidy v Louzado, 2019 BCSC 281 (CanLII):
I emphasized the line, “absent contributory negligence” in para. 32 to clarify that I understand the court to be saying, if a plaintiff is contributorily negligent, she loses the right to a joint and several judgment; that is, the judgment is issued severally and she may only recover the respective damages that each tortfeasor is at fault for. The distinction between “causation” and “fault” is critical. This distinction was articulated in Karran v. Anderson, 2009 BCSC 1105:
"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
What is the test for apportioning apportionment under the contributory negligence provisions of the Negligence Act? (British Columbia, Canada)
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
What is the test for contributory negligence in a case where a plaintiff was injured while trying to escape from a burning building? (British Columbia, Canada)
Does the words 'shall be the joint property of the undersigned' or 'right of survivorship' convey a legal title to a joint property? (British Columbia, Canada)
What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
If a judge finds that a plaintiff has violated a plaintiff’s human rights in a civil case, does this rule apply? (British Columbia, Canada)
What is the contributory negligence of a plaintiff in a motor vehicle accident? (British Columbia, Canada)
Is a plaintiff entitled to pre-judgment interest on the Kuwait Debt Judgment pursuant to section 1 of the COIA? (British Columbia, Canada)
