What is the test for a joint contribution claim?

Alberta, Canada


The following excerpt is from Commonwealth Insurance Company v. Hammer, 1982 CanLII 1248 (AB QB):

The plaintiffs rely on the case of Strang v. Cheney, 1981 ABCA 143 (CanLII), [1981] 5 W.W.R. 86, 23 R.F.L. (2d) 47, 123 D.L.R. (3d) 735, 31 A.R. 399 (C.A.). It distinguishes between an action in tort and an action based on a statutory right of contribution between joint tortfeasors.

Other Questions


What is the test for determining whether a claim can be proven in circumstances where the claim is not an objective test? (Alberta, Canada)
What is the test for joint tort feasors in a claim for negligence? (Alberta, Canada)
Can a constructive trust remedy be used in circumstances where the spouse has contributed not to the acquisition but has contributed to the preservation, maintenance or improvement of the property? (Alberta, Canada)
Can contribution be sought where the other tortfeasor is either joint or concurrent? (Alberta, Canada)
Is there any case law in which a statement of claim that there has been unjust enrichment with no explanation of why the facts might justify the claim? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
Can a plaintiff amend his Statement of Claim to add a defendant to his Claim? (Alberta, Canada)
What is the test for a plaintiff to claim damages for items that have not been claimed? (Alberta, Canada)
Can a specific performance claim by the Respondent be a viable claim? (Alberta, Canada)
Is there any requirement that an insurer honour a collision claim from its own insured before it can consider a subrogated claim from the other insurer? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.