What is the test for apportioning apportionment under the contributory negligence provisions of the Negligence Act?
British Columbia, Canada
The following excerpt is from Walkus v. Walkus, 2015 BCSC 307 (CanLII):
In Ottosen v. Kasper (1986), 37 C.C.L.T. 270 at 277 (B.C.C.A.), Lambert J.A. referred to the contributory negligence provisions of the Negligence Act and said: The words used are the words of fault. The question that affects apportionment, therefore, is the weight of fault that should be attributed to each of the parties, not the weight of causation.
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