Leah Howie, Director of the Law Reform Commission, will provide an overview of the Law Reform Commission’s Contributory Fault & Apportionment Among Wrongdoers project. The Commission is currently consulting on this project and is seeking input from the bar on several issues, including:
1. How should a plaintiff’s contribution to the harm they have suffered be reflected in the amount of compensation a plaintiff is entitled to?
2. In what types of legal actions should a plaintiff’s contributory fault reduce their compensation?
3. How should liability for harm be allocated among multiple parties that have contributed to that same harm?
4. In what types of legal actions should one defendant be able to seek contribution from other defendants who have contributed to the same harm?
5. How should liability be re-allocated when one or more parties are unable to pay their share?
The Consultation Report can be found here (https://lawreformcommission.sk.ca/Contributory-Fault-Apportionment-Consultation-Report.pdf) and the consultation survey can be completed here (https://www.surveymonkey.com/r/SS9CH6B). The Consultation Report focuses primarily on sections 2 and 3 of The Contributory Negligence Act, and asks questions related to the scope of the applicability of the defence of contributory negligence, and the scope of the rule allowing wrongdoers to seek contribution from other concurrent wrongdoers.
Qualifies for 1 CPD Hour