Wednesday, December 18, 2013

British Columbia Law Institute Report on Contribution after Settlement under the Negligence Act

The British Columbia Law Institute (BCLI) has released a new Report on Contribution after Settlement under the Negligence Act.

According to the press release:
" 'When a person suffers damages or a monetary loss at the hands of more than one wrongdoer, often the quickest and simplest way to deal with the dispute is to settle with some of the wrongdoers,' explained BCLI chair Tino Di Bella. 'But the way the law is being applied in BC creates disincentives to these partial settlements, by depriving the settling wrongdoers of the finality traditionally found in a settlement agreement.'  "
"The report, entitled Report on Contribution after Settlement under the Negligence Act, recommends that the legislature amend the Negligence Act to clarify that statutory rights to contribution and indemnity among wrongdoers do not take precedence over settlement agreements."
"Noted Mr. Di Bella: 'Enacting these reforms will improve the civil-justice system for litigants, by giving them an exit from protracted, complex litigation, and British Columbians generally, by freeing up scarce and valuable judicial resources'. "
In addition to the report, the website includes consultation documents and backgrounders.

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posted by Michel-Adrien at 12:54 pm


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