An Act to make Uniform the Law respecting the Liability of the Parties in an Action for Damages for Negligence where more than One Party is in Fault. [Assented to 19th December, 1925.]

H

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Contributory Negligence Act." 2. Where by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each person was at fault:

Provided that:

(a.) If, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; and

(b.) Nothing in this section shall operate so as to render any person liable for any loss or damage to which his fault has not contributed.

Short title.

Apportionment of

liability for damages

in proportion to

degree of fault.

for jury.

3. In actions tried with a jury the amount of damage, the fault Questions of fact (if any), and the degrees of fault shall be questions of fact for the jury.

costs.

4. Unless the Judge otherwise directs, the liability for costs of Apportionment of the parties shall be in the same proportion as the liability to make good the loss or damage.

tion of Act.

5. This Act shall be so interpreted and construed as to effect its Uniform construcgeneral purpose of making uniform the law of those Provinces which enact it.

2

VICTORIA, B.C.:

Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty.

1925.

An Act to amend the "Dyking Assessments Adjustment 1905, c. 20; 1912,

HTS

Act, 1905."

c. 7; 1914, c. 23; 1915, c. 20; 1916, c. 17; 1917, c. 18; 1918, c. 25; 1919, c. 25; 1921, c. 16; 1922, c. 21.

[Assented to 11th December, 1925.] c. 89, s. 8; 1920,

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Dyking Assessments Adjustment Short title. Act, 1905, Amendment Act, 1925."

2. Section 32 of the "Dyking Assessments Adjustment Act, 1905," Amends s. 32. being chapter 20 of the Statutes of 1905, as re-enacted by section 4 of the "Dyking Assessments Adjustment Act, 1905, Amendment Act, 1922," is amended by inserting after the word "rental," in the third line of subsection (1), the words "and on such terms and conditions."

3. Said chapter 20 is amended by inserting therein the following Enacts s. 33. as section 33:

"33. In respect of all lands within the Maple Ridge, Coquitlam, Pitt Meadows, and Matsqui Dyking Districts which are from time to time vested in the Crown in the right of the Province the Crown shall for all purposes of the 'Plans Cancellation Act' be deemed to be the owner thereof within the meaning of that Act, and the Minister of Lands may sign any petition and take any proceeding on behalf of the Crown under that Act or under this Act in respect of those lands."

VICTORIA, B.C.:

1925.