Articles & Media


How to Distinguish Equitable Contribution from Subrogation

25-Mar-11

By Don McGarvey, Partner and Tara Argent, Associate

Ending over a decade-long history of litigation, the Saskatchewan Court of Appeal has clarified the distinction between the assertion of rights by way of subrogation and claims for contribution by one insurer against another, in a case involving double insurance. The substantive difference between the two claims is that a contribution action permits the court to determine proportionate liability to indemnify the insured’s loss among the multiple insurers of the same risk; a subrogation action depends entirely on the liability of the insurers to
the insured.

To read the full article, published in The Lawyers Weekly, click here.

 How to Distinguish Equitable Contribution from Subrogation

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