The plaintiff brought a class action against Health Canada for negligent regulation of a jaw implant device, limiting her claim to damages attributable to Health Canada's proportionate degree of fault.
The defendant brought a third-party claim against the dental surgeon and hospital for contribution and indemnity.
The Court of Appeal upheld the dismissal of the third-party claim, confirming that because the plaintiff limited her claim to the defendant's several liability, the defendant had no right to contribution.
The Court also clarified that fault can be apportioned against non-parties under the Negligence Act.
