Joint and Several Liability: When More Than One Person Is at Fault

When two or more people cause the same harm, Ontario's Negligence Act generally makes them jointly and severally liable.

How it works

• The court decides each defendant's share of fault, for example 70% and 30%.
• Even so, you can usually collect the full amount from either defendant.
• A defendant who pays more than their share can recover the difference from the others (contribution).

Why it matters

If one defendant can't pay (no money, no insurance), you can still collect from another one who can.

Example

A car collision involves two drivers. Both are found at fault. The injured passenger can collect the full damages from either driver's insurer.

Your own share of fault

If you were partly at fault, your damages are reduced by your share (contributory negligence).

Naming everyone

Name every person or business who may be responsible in your claim. Adding someone later may be blocked by the two-year limitation period.

Sources

• Negligence Act (Ontario)
• Limitations Act, 2002

Read next: Contributory Negligence: When You Were Partly at Fault

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.