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Fiche 1,  Justifications,  Anglais

Record number: 1, Textual support number: 1 CONT

[The Negligence Act of Ontario] further stipulates that "If it is not practicable to determine the respective degree of fault or negligence as between any parties to an action, such parties shall be deemed to be equally at fault or negligent." If the action is tried by a jury, it is for them to determine the degree of fault or negligence as a question of fact. If it is a trial by judge alone, "apportionment of fault is primarily and properly a matter within the discretion of the trial judge..." (and) "except in a strong and exceptional case, an appellate Court will not feel free to substitute its apportionment of fault for that made by the trial Judge, unless there has been palpable and demonstrable error in appreciation of the legal principles to be applied or misapprehension of the facts by the trial Judge."  1, fiche 1, Anglais, - apportionment%20of%20fault

Fiche 1,  Justifications,  Français

Fiche 1,  Justifications,  Espagnol