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ARTICLE · 25 MARCH 2020

Joint & Several Liability For Engineers

Miller Thomson
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Construction litigation involving engineers has become more common, but also more complex.

CanadaReal Estate and Construction

Canadian Consulting Engineer, March/April 2020

Construction litigation involving engineers has become more common, but also more complex. One example of this trend, which can be particularly problematic, is the rule of joint and several liability.

This rule can encourage a 'shotgun' approach to litigation, give rise to frivolous claims and result in disproportionate settlements. While the potential unfairness arising from the application of the rule has been recognized and debated, no legislative reform has yet been implemented in Canada.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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