|This is an unofficial archived version of The Tortfeasors and Contributory Negligence Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. T90
The Tortfeasors and Contributory Negligence Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"action" includes counter-claim; ("action" )
"defendant" includes a plaintiff against whom a counter-claim is brought; ("défendeur")
"plaintiff" includes a defendant who counterclaims. ("demandeur")
Where damage is suffered by any person as a result of a tort, whether a crime or not,
(a) judgment recovered against any tortfeasor liable in respect of that damage is not a bar to an action against any other person who would, if sued, have been liable as a joint tortfeasor, in respect of the same damage;
(b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent, or child, of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise), the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff is not entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person is entitled to recover contribution from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
The amount of the contribution recoverable from any person is such as may be found by the court to be just and equitable having regard to the extent of that person's responsibility for the damage; and the court may exempt any person from liability to make contribution, or direct that the contribution to be recovered from any person amounts to a complete indemnity.
For the purposes of this section
(a) "parent" and "child" have the same meanings that they have for the purposes of The Fatal Accidents Act; and
(b) the reference in this section to "the judgment first given" shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed, and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.
Where a criminal charge has been laid against a person for common assault and battery or common assault or battery, notwithstanding that the person
(a) is acquitted of the charge; or
(b) is convicted and pays a fine or serves a sentence imposed upon him;
he is not thereby relieved of liability for loss or damage suffered by the party aggrieved or, released from any civil proceedings preferred against him by or on behalf of the party aggrieved, for the same cause.
Contributory negligence by a plaintiff is not a bar to the recovery of damages by him and in any action for damages that is founded upon the negligence of the defendant, if negligence is found on the part of the plaintiff which contributed to the damages, the court shall apportion the damages in proportion to the degree of negligence found against the plaintiff and defendant respectively.
Where two or more defendants are found negligent they are jointly and severally liable to the plaintiff for the whole of the damages apportioned against both or all of them.
If it is not practicable to determine the respective degree of negligence as between the plaintiff and defendant to an action they shall be deemed equally negligent.
In any action tried with a jury, the degree of negligence of the respective parties is a question of fact for the jury.
Where the damages are occasioned by the negligence of more than one party, the court may direct that the plaintiff shall bear some portion of the costs if the circumstances render this just.
Nothing in this Act
(a) applies with respect to any tort committed before June 1, 1939; or
(b) affects any proceedings against any person for a penalty or forfeiture under any Act of the province in respect of any wrongful Act; or
(c) renders enforceable any agreement for indemnity that would not have been enforceable if this Act had not been passed.
This Act applies to actions by and against the Crown, and Her Majesty is bound thereby and has the benefit thereof.