A trial judge cannot use a hypothetical apportionment of fault under proportionate liability legislation as a basis for allocating costs in third and fourth party proceedings without first adjudicating on all substantive claims and defences. Where third and fourth party claims are dismissed because the plaintiff's claim against the defendant fails, the usual rule that costs follow the event applies, and the unsuccessful claimant in each proceeding ordinarily pays the successful party's costs. A contractual indemnity clause does not entitle a party to indemnity costs unless it contains plain and unambiguous language providing for costs on a solicitor and own client or indemnity basis.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
4 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.