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The court approved the course taken by the trial judge in giving credit for the money actually received by the plaintiff from the other tortfeasor and then entering judgment for the balance.
In our view, the Ontario legislature enacted s. 266 and other related amendments to the Act for the purpose of significantly limiting the right of the victim of a motor vehicle accident to maintain a tort action against the tortfeasor .
As I have said, it has long been the law that a director who knowingly procures a company to commit a tort will be liable as a joint tortfeasor , and this is confirmed by Standard Chartered Bank.
Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant, the tortfeasor .
It does no more than make clear the extent of the liability for the tort in which the tortfeasor joins and thus does not advance the analysis.
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