How have courts apportioned the 80-20 split between liability and apportionment of liability in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Elliott v. Edmonton (City), 1993 ABCA 45 (CanLII):
In our view it is very easy to justify the 80-20 split made here, for the reasons given above. The cases say that an appeal court must be slow to upset an apportionment of liability, and we decline to do so. See for example Swyrd v. Tulloch 1954 CanLII 70 (SCC), [1954] S.C.R. 199. The appeal in respect of liability is dismissed.
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