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1. Where two or more persons are liable to pay compensation under this
section and one or more of them caused or contributed to the loss, damage,
cost or expense by fault or negligence, such one or more of them shall make
contribution to and indemnify,
i. where one person is found at fault or negligent, any other person
liable to pay compensation under this section, and
ii. where two or more persons are found at fault or negligent, each
other and any other person liable to pay compensation under this
section in the degree in which each of such two or more persons
caused or contributed to the loss, damage, cost or expense by fault
or negligence.
2. For the purpose of subparagraph ii of paragraph 1, if it is not practicable
to determine the respective degrees in which the fault or negligence of two
or more persons liable to pay compensation under this section caused or
contributed to the loss, damage, cost or expense, such two or more persons
shall be deemed to be equally at fault or negligent.
3. Where no person liable to pay compensation under this section caused
or contributed to the loss, damage, cost or expense by fault or negligence,
each of the persons liable to pay compensation is liable to make contribution
to and indemnify each other in such degree as is determined to be just and
equitable in the circumstances.
Enforcement of contribution
(9) The right to contribution or indemnification under subsection (8) may be
enforced by action in a court of competent jurisdiction.
Adding parties
(10) Wherever it appears that a person not already a party to an action under this
section may be liable in respect of the loss, damage, cost or expense for which
compensation is claimed, the person may be added as a party defendant to the
action upon such terms as are considered just or may be made a third party to the
action in the manner prescribed by the rules of practice for adding third parties.
Settlement and recovery between persons liable
(11) A person liable to pay compensation under this section may recover
contribution or indemnity from any other person liable to pay compensation under
this section in respect of the loss, damage, cost or expense for which the
compensation is claimed by settling with the person suffering the loss, damage,
cost or expense and continuing the action or commencing an action against such
other person.