Ontario’s Negligence Act provides that where more than one party contributes to an accident victim’s damages, each party’s share of liability is determined proportionally. If you are found 25% at fault for your own accident, your recoverable damages are reduced by 25%. Courts — and juries — assign these percentages based on evidence, and a well-resourced insurer will work to maximize the plaintiff’s contributory share.
Failure to wear a seatbelt is the most common source of contributory negligence findings. Courts reduce only the portion of damages attributable to injuries a properly worn seatbelt would have prevented or mitigated. Reductions typically range from 5% to 25% depending on whether the belt would have prevented specific injuries.
Practical advice: Always wear your seatbelt. After an accident, do not make statements to insurers or police acknowledging you were unbelted — contact a lawyer first. Seatbelt use is often determinable from physical evidence independent of admissions.
Defence lawyers regularly raise contributory negligence based on: plaintiff speeding; failure to maintain a proper lookout; distracted driving and mobile phone use; entering an intersection without adequate observation; failing to yield; and impaired driving. These allegations vary in their evidentiary support and must be anticipated and addressed proactively.
Where multiple defendants share liability — an at-fault driver and a municipality responsible for an unsafe road — Ontario applies joint and several liability. The plaintiff may collect full damages from any one liable defendant, who then seeks contribution from co-defendants. Joint and several liability protects plaintiffs from the insolvency risk of any single defendant.