Tortfeasors Act

Short title

1 This Act may be cited as the Tortfeasors Act. R.S., c. 471, s. 1.

Interpretation

2 In this Act,

(a) "child" and "parent" have the same meanings as they have in the Fatal Injuries Act;

(b) "contribution" includes indemnity;

(c) the reference to "the judgment first given" shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied. R.S., c. 471, s. 2.

Remedies

3 Where damage is suffered by any person as a result of a tort, whether a crime or not,

(a) judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor in respect of the same damage;

(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tortfeasors liable in respect of the damage, whether as joint tortfeasors or otherwise, the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given, and in any of those actions other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the judge presiding at the trial or the court on appeal is of the opinion that there was reasonable ground for bringing the action;

(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this Section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought. R.S., c. 471, s. 3.

Amount recoverable between tortfeasors

4 (1) In any action for contribution under this Act or on the summary application of any one of two or more tortfeasors found liable in damages in any action, the amount of the contribution recoverable from any person shall be such as may be found by the judge presiding at the trial or the court on appeal, to be just and equitable having regard to the extent of that persons responsibility for the damage, and the judge or the court on appeal shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

Recovery after tortfeasor settles with injured person

(2) A tortfeasor may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage to any person suffering damage as a result of a tort, by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tortfeasor, in which event the tortfeasor settling the damage shall satisfy the court that the amount of the settlement was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled. R.S., c. 471, s. 4.

Power to add defendant

5 Whenever it appears that any person not already a party to an action is or may be wholly or partly responsible for the damages claimed, such person may be added as a party defendant or may be made a third party to the action upon such terms as may be deemed just. R.S., c. 471, s. 5.

Restriction on application and effect of Act

6 Nothing in this Act shall

(a) apply with respect to any tort committed before the twenty-ninth day of March, 1945;

(b) affect any criminal proceedings against any person in respect of any wrongful act; or

(c) render enforceable any agreement for indemnity which would not have been enforceable if this Section had not yet been passed. R.S., c. 471, s. 6.