Being partly at fault doesn't usually end your claim. It reduces it. Here is how Ontario courts share out the blame.

Under Ontario's Negligence Act, if you were partly responsible for your own loss, the court reduces your damages by your share of the fault. This is called contributory negligence.
Partial fault doesn't usually defeat a claim. If you were 25% at fault, you generally recover 75% of your damages.

The judge looks at what each person did, and what a reasonable person would have done. If the court can't decide the shares, fault is usually split equally.
The same rules apply. Be ready to explain what you did, and why it was reasonable.
In Ontario motor vehicle cases, the fault determination rules decide fault between insurers for some purposes, but courts apply the Negligence Act in lawsuits.
Have a claim, or been sued? NEO represents clients in Small Claims Court (claims up to $50,000) and can tell you if your matter needs a lawyer. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.
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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.
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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
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