Joint & Several Liability Reform
The Northwestern Ontario Municipal Association is justifiably concerned with the current joint and several provisions of the Negligence Act which states, “Where damages have been caused or contributed to by the fault or neglect of two or more persons...and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering the loss or damage...” Because of this, municipalities have often become the targets of litigation when other defendants do not have the means to pay high damage awards.
A recent paper by the Association of Municipalities of Ontario outlines the need for the Ontario Government to reform joint and several liability, with particular regard for the impact it has on ‘deep pocket’ property taxpayers and their communities.
Therefore be it resolved that NOMA supports the Association of Municipalities of Ontario in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial Government to pursue much needed changes to the Negligence Act.
Adopted by the NOMA Board of Directors, June 2010
