Is there any difference between s. 3 and 10 of the tortfeasors section of the s.10 of the S.16(2) of the common law common law?

Saskatchewan, Canada


The following excerpt is from Chernesky (Cherneskey) v. Armadale Publishers Limited, 1974 CanLII 984 (SK CA):

Section 3 of that Act deals with recovery as between joint tortfeasors and is almost identical with s. 10 of our Act but the point in issue in the present case did not arise in Hollebone v. Barnard, supra.

The question of the right to contribution did arise in Parmley v. Parmley, 1945 CanLII 13 (SCC), [1945] S.C.R. 635, [1945] 4 D.L.R. 81. There the plaintiff sued both her doctor and her dentist for damages for the unauthorized extraction of some of her teeth while she was under an anaesthetic for an operation by the doctor for tonsillectomy. The dentist took third-party proceedings against the doctor, claiming indemnity or contribution in respect of any liability found against him in favour of the plaintiff.

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