Is a co-defendant entitled to a contribution to a pension scheme if he has paid more than his share?
British Columbia, Canada
The following excerpt is from FBI Foods Ltd. v. Glassner et al, 2001 BCSC 151 (CanLII):
The claim for contribution does not arise until the payor has paid more than his share. There is no equity to receive a contribution until a disproportionate share of the loss has been paid (Hawrish v. Peters, 1982 CanLII 190 (SCC), [1982] 1 S.C.R. 1083 at 1086-1088). In the case of co-sureties, ascertainment of the right to contribution may be made prospectively but is then a different right than that which accrues upon actual payment (Hawrish, supra at 1090).
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