Taylor v. Canada (Health) Revisited
The Ontario Court of Appeal in Taylor v. Canada
(Health) dealt with the apportionment of fault to non-parties,
and also the ability of a defendant alleged tortfeasor to claim
contribution and indemnity against another alleged tortfeasor
pursuant to Section 5 of the Negligence Act.[i] [ii]
In Taylor, the statement of claim specifically plead
that the defendant was liable only for "those damages that are
attributable to its proportionate degree of fault". The Court
of Appeal held that no contribution rights arose because the
defendant would not be required to pay more than its proportionate
share of the plaintiff's potential damages.
As a result, the Court of Appeal upheld the motion Judge's
striking of a third party claim as disclosing no reasonable cause
of action when considering Section 5 of the Negligence
Act.
