Pursuant to section 4(1) and 4(2) of the Negligence Act, RSBC 1996 C. 333, where 2 or more persons are found at fault, the court must determine the degree to which they are found at fault. In Alberta Wheat Pool v. Northwest Pile Driving Ltd., 2000 BCCA 505 the court set how apportionment should be analyzed at paras. 45 and 46: 45 In my view, the test to be applied here is that expressed by Lambert, J.A. in Cempel, supra, and the court's task is to assess the respective blameworthiness of the parties, rather than the extent to which the loss may be said to have been caused by the conduct of each. 46 Fault or blameworthiness evaluates the parties' conduct in the circumstances, and the extent or degree to which it may be said to depart from the standard of reasonable care. Fault may vary from extremely careless conduct, by which the party shows a reckless indifference or disregard for the safety of person or property, whether his own or others, down to a momentary or minor lapse of care in conduct which, nevertheless, carries with it the risk of foreseeable harm.
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