Does the principle of contribution apply to joint tortfeasors?
British Columbia, Canada
The following excerpt is from Clayburn Industries Ltd. et al. v. Recor Services Inc. et al., 2000 BCSC 1069 (CanLII):
The principle of contribution is based on the concept of unjust enrichment and, because it is general in nature, it is not restricted to surety cases. Although the application of the doctrine generally arises in the context of co-sureties or guarantors, the rules extend in general to persons who, in one way or another, incur a common liability where one of them has discharged more than his or her proportionate share of that mutual obligation. The principles of contribution have been extended to cases involving co-insurers, co-mortgagors, co-trustees, corporate directors and partners and other co-obligors but the right to contribution at common law does not apply among joint tortfeasors: Merryweather v. Nixan (1799), 8 T.R. 186.
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