Bill 60 (Legislature 8, Session 1)

L8 S1 8434

Alberta — Bills

Bill No. 60 of 1936. A BILL RELATING TO PROCEEDINGS AGAINST AND CONTRIBUTION BETWEEN TORT FEASORS. NOTE. This Bill does away with the common law rule which prohibits contribution between joint tort-feasors and also the rule that an action taken against one of several joint tort-feasors releases the remainder from liability. It provides that the amount contributable as between joint tort-feasors shall be in the discretion of the court.

It also provides that where more than one action is brought in respect of the same damage, the aggregate of the damages recoverable in all such actions shall not exceed the amount of the damages awarded in the first of such actions. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.) BILL No. 60 of 1936.

An Act relating to Proceedings Against and Contribution Between Tort-Feasors. (Assented to , 1936.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Tort-Feasors Act." 2.-

(1) Where damage is suffered by any person as a result of a tort (whether a crime or not) ,- (

a) judgment recovered against any tort-feasor 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 tort-feasor 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 tort-feasors liable in respect of the damage (whether as joint tort-feasors 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 court is of opinion that there was reasonable ground for bringing the action; (

c) any tort-feasor liable in respect of that damage may recover contribution from any other tort-feasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor 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.

(2) In any proceedings for contribution under this

section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the court shall have power to exempt any person from liability to make contri bution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity. 2

(3) For the purposes of this section,- (

a) the expressions "parent" and "child" have the same meanings as they have for the purposes of The Fatal Accidents Act; and (

b) the reference in this

section 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.

(4) Nothing in this

section shall,- (

a) apply with respect to any tort committed before the commencement of this Act; or (

b) affect any proceedings against any person for a penalty or forfeiture under any Act of the Province in respect of any wrongful act; or (

c) render enforceable any agreement for indemnity which would not have been enforceable if this sec tion had not been passed. 3. This Act shall come into force on the day upon which it is assented to. No. 60. FIRST SESSION EIGHTH LEGISLATURE 1 EDWARD VIII 1936 BILL

An Act relating to Proceedings Against and Contribution Be tween Tort-Feasors. Received and read the First time Second time . Third HON. MR. HUGILL. EDMONTON: A. Shnltka, King's Printer 1936 Title: 1936 (8th, 1st) Bill 60,

An Act relating to Proceedings Against and Contribution Between Tort-Feasors

Document details

Collection	Alberta — Bills
Citation	L8 S1 8434
Type	bill
Volume / chapter	L8 S1 8434
Language	en
Format	json
Source	PROVINCIAL
Identifier	d36ff69016b8a3c3b5b4df776523dca174711d17

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