What is the test for apportionment of liability?

Newfoundland and Labrador, Canada


The following excerpt is from Tucker v. Taylor, 1999 CanLII 18953 (NL CA):

With particular reference to a case involving an apportionment of liability, the principle was clearly set forth by Dickson, J., in Asody v. Taylor (1974), 1974 CanLII 21 (SCC), 3 N.R. 381; 49 D.L.R.(3d) 724 (S.C.C.), at page 728 where he stated that: "...Except in a strong and exceptional case, an appellate court will not feel free to substitute its apportionment of fault for that made by the trial judge unless there has been palpable and demonstrable error in appreciation of the legal principles to be applied or misapprehension of the facts by the trial judge."

Other Questions


How does the defence of mistake apply to a strict liability offence? (Newfoundland and Labrador, Canada)
Does Scottish & York need leave to appeal an interlocutory order regarding liability? (Newfoundland and Labrador, Canada)
What is the scope of the respondent's liability for failing to ensure that the soil on which the building was to be erected was capable of supporting its weight? (Newfoundland and Labrador, Canada)
What is the test for determining liability for the driver of a stopped vehicle? (Newfoundland and Labrador, Canada)
What is the common law liability of an occupier in a cemetery? (Newfoundland and Labrador, Canada)
What is the test for reducing damages under the lex fori? (Newfoundland and Labrador, Canada)
What is the standard for appellate review regarding findings of fact? (Newfoundland and Labrador, Canada)
What is the test for securing an indefinite support award? (Newfoundland and Labrador, Canada)
What is the test for special damages in defamation cases? (Newfoundland and Labrador, Canada)
What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.