Contributory Negligence Reduction Calculator — Canada

Yes. Canada uses pure apportionment under provincial Negligence Acts. Your damages are reduced by your percentage of fault, but you are not barred from recovery even if you were more than 50% at fault. For example, if you were 70% responsible for a $100,000 loss, you still recover $30,000.

Under most provincial Negligence Acts, if the court cannot determine the respective degrees of fault, liability is apportioned equally (50/50). This is a fallback rule that applies only where the evidence does not support a specific split.

When multiple defendants are at fault, joint and several liability lets the plaintiff recover the entire non-plaintiff portion of the damages from any one defendant, who must then seek contribution from the others. This protects plaintiffs when one defendant is insolvent or uninsured.

Not wearing a seatbelt, riding with an impaired driver, jaywalking, ignoring warning signs, wearing improper footwear on a slippery surface, or failing to mitigate an injury by not following medical advice. Each can reduce your award by the court-assigned percentage.