Law Commission Concludes that Joint and Several Liability Should Remain

Posted June 1, 2011
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In October 2009 Richard Halpern of Thomson Rogers appeared at a roundtable hosted by the Law Commission of Ontario on behalf of the Ontario Trial Lawyers Association and the Ontario Bar Association. The purpose of the roundtable was to consider requests by some interest groups to eliminate joint and several liability in the context of dealings under the Ontario Business Corporations Act. Any suggestion that joint and several liability be limited had the potential to expand into personal injury litigation. On May 31, 2011, the Law Commission delivered their final report which recommended keeping joint and several liability in tact. The report can be reviewed here.