An apportionment of liability between tortfeasors is a discretionary decision subject to the House v The King standard of review. Where a trial judge's own findings of fact demonstrate that one tortfeasor's omission was a serious and significant contribution to the accident — particularly where that tortfeasor had principal responsibility for the relevant operations and the other tortfeasor would likely have deferred to their expertise — an apportionment that attributes only 20% liability to that tortfeasor may constitute material error.
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