Plaintiff Recovery Limited When Contributorily Negligent

Perrin v Blake, 2016 NSSC 88

The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually. 

Background

Perrin was a passenger on an all-terrain vehicle driven by Blake.  They were involved in an accident with another driver, Adshade.  Adshade did not have insurance coverage.  Blake held an insurance policy with Nordic Insurance Company of Canada.  Perrin commenced an action for damages against Blake, Adshade, and Nordic, under Blake's uninsured vehicle coverage.  Both Blake and Nordic argued that Perrin was contributorily negligent and relied on the Nova Scotia Contributory Negligence Act, RSNS 1989, c 95.