Does a defendant have a claim of contribution against other wrongdoers?
British Columbia, Canada
The following excerpt is from The Owners of Strata Plan KAS3204 v Navigator Development Corporation, 2020 BCSC 1954 (CanLII):
Again, pursuant to s. 4(2)(b) of the Negligence Act, where a defendant pays a plaintiff more than is commensurate with its share of fault, that defendant has a claim of contribution against other wrongdoers but only to the extent of the others’ respective proportionate shares of the fault. The objective of that independent right of contribution “is to ensure that any damages established by the plaintiff will be shared equitably among concurrent tortfeasors according to their degree of fault”: The Owners, Strata Plan LMS 1751 v. Scott Management Ltd., 2010 BCCA 192 at para. 57.
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