When Does The Clock Start To Run? Contribution Claims Under Alberta’s Tort-Feasors Act

At common law, a plaintiff who has been injured as a result of the acts of two or more tort-feasors - the party committing the wrongdoing - can sue any one of them to recover 100 per cent of his or her damages that result from the wrongdoing. The tort-feasor held liable is then left without recourse against the other joint tort-feasor(s) who were not sued by the plaintiff.

Alberta, like most other common-law jurisdictions, has remedied this problem by enacting the Tort-feasors Act,¹ which provides a statutory right of action to a tort-feasor for contribution and indemnity against other joint tort-feasor(s). However, that right of action must be considered in light of the province's limitations period.