The respondents settled a personal injury claim arising from a bar fight and subsequently brought an action against the appellant for contribution and indemnity under the Negligence Act.
The trial judge found the appellant 80% liable and ordered him to pay $380,000.
On appeal, the Court of Appeal upheld the finding of liability but held that the trial judge erred in apportioning fault without regard to the findings in the first trial.
The Court reduced the appellant's contribution to $162,555.50 to ensure the respondents did not obtain a better result in the second action than they could have in the first.