Two or more tortfeasors whose simultaneous actions cause injury to a third party.? Tortfeasor definition, a person who commits a tort. Example: Harry Hotrod is doing 90 miles an hour along a two-lane … Tortfeasor: An individual who commits a tort. joint tortfeasors. Finally, given the ever increasing costs of liability insurance in Canada, the statutory regime in Australia regarding proportionate liability could foreshadow action taken by legislators in Canada to control this rising cost. The amount, degree, nature, and quality of a person's interest in land or other property; esp., a real-estate interest… JURISDICTION jurisdiction, n.1. New South Wales Court of Appeal Special leave to appeal interest, awarded in accordance with the contract by the Court of Appeal, was denied. hÞ,̽ Concurrent Tortfeasor Concurrent Tortfeasor; Concurrent Tortfeasor Definition. concurrent tortfeasance One who commits a tort; a wrongdoer.concurrent tortfeasors. Tortfeasor: The individual, company, or entity that is found to have committed wrongdoing. This website uses cookies for a range of purposes to help us understand your interests and improve the website. Such tortfeasors are jointly and severally liable. One of two or more defendants potentially liable for a single injury or claim. These concurrent tortfeasors are distinguished from “nonconcurrent tortfeasors”, where separate acts produce different damage to the plaintiff. To explore this concept, consider the following tortfeasor definition. There is an additional definition in the world law dictionary. The Court confirmed that the damage suffered by Mitchell Morgan under s. 34(2) of the CLA was its inability to recover the monies loaned. For example, Section 1 of Ontario’s Negligence Act states that concurrent tortfeasors are jointly and severally liable to the plaintiff. Relevant Terms. intake: intake, n. 1. The New South Wales Court of Appeal overturned Young CJ’s decision in Mitchell Morgan Nominees Pty Ltd v. Vella [2011] NSWCA 390, holding that the fraudsters and Hunt & Hunt were not concurrent wrongdoers. ×^¯Ÿo/©ÿ u‹Å/ common law economic loss The Court confirmed that the damage suffered by Mitchell Morgan under s. 34(2) of the, Acknowledging that the statutory framework in Australia distinguishes Australian negligence law from that which exists in Canada, this case is nonetheless instructive on the meaning and interpretation of concurrent wrongdoing. Several tortfeasors are often, as in this paper, referred to as several concurrent tortfeasors so as not to confuse them with fraud Ontario Negligence Act However, the Court found that Hunt & Hunt could not have foreseen the fraudsters’ forgery and that it was inconsistent with Part 4 that Hunt & Hunt be held wholly responsible for the damage given the fraudsters’ conduct. What Does concurrent Really Mean? A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. In the Court’s conclusion, the acts of both the fraudsters and Hunt & Hunt were found to result in the same damage to Mitchell Morgan. chapter 21 multiple tortfeasors introduction encompasses three different legal relationships: joint tortfeasors defendants whose combined tortious conduct cause Did the acts of any person, other than the defendant, cause the damage or loss? The Court held that Hunt & Hunt should be responsible only for the share for which it was found responsible by the trial judge (12.5%). For example, Section 1 of Ontario’s Negligence Act states that concurrent tortfeasors are jointly and severally liable to the plaintiff. In many cases the joint tortfeasors are jointly and severally liable for the damages, meaning that any of them can be responsible to pay the entire amount, no matter how unequal the negligence of each party was. In contrast, Section 35(1) in Part 4 of the CLA limits a defendant’s liability to a successful plai [Cases: Negligence 421, 484; Torts 22. Translation of "concurrent tortfeasors" (English → French) : TERMINOLOGY see also In-Context Translations below. Tortfeasors are said to have committed a civil offense – a tort - rather than a criminal offense. Angelo Caradonna joint tortfeasors. Australia Civil Liability Act In conclusion, the Court held that Hunt & Hunt and the fraudsters were both concurrent wrongdoers as both materially contributed to the damage caused. Turning the Common into the Uncommon: Supreme Court of BC Refuses Certification for Breach of Modified Standard Form Contracts, Public Procurement Update – NRFPs & Trade Treaty Obligations, Navigating New Realities and Possibilities beyond the COVID Crisis  - A Hub for Business Leaders, Hunt & Hunt Lawyers v. Mitchell Morgan Nominees. 11 Parties are “joint” tortfeasors where a tort is committed by one person on behalf of, or in concert with another. Mr. Vella obtained possession of the certificates of title and forged Mr. Caradonna’s signature to obtain a mortgage from Mitchell Morgan. In contrast, Section 35(1) in Part 4 of the CLA limits a defendant’s liability to a successful plaintiff to the defendant’s proportionate liability, as determined by the court. Acknowledging that the statutory framework in Australia distinguishes Australian negligence law from that which exists in Canada, this case is nonetheless instructive on the meaning and interpretation of concurrent wrongdoing. The forgery was certified by Mr. Flammia, Mr. Caradonna’s cousin and solicitor (Mr. Flammia and Mr. Caradonna are defined collectively by the Court as the “fraudsters”). Clemens Mayr Successive Tortfeasor successive tortfeasor n : any of two or more tortfeasors whose negligent acts are independent though causing injury to the same third party Source: Merriam-Webster's Dictionary of Law ©1996. The damage caused by Hunt & Hunt was found to be distinct from that caused by the fraudsters. n. two or more persons whose negligence in a single accident or event causes damages to another person. Concurrent tortfeasors, on the other hand, have engaged in acts that make them responsible for the same damage to the plaintiff. In determining causation, the Court held that it is accepted that value judgments and policy considerations be considered to determine whether an act is sufficiently causative of the plaintiff’s damage. In addition, the Court's reasoning may be helpful to courts when grappling with multifactorial causation questions including the concepts of joint concurrent tortfeasors, several concurrent tortfeasors, joint non-concurrent tortfeasors and several non-concurrent tortfeasors. liability €0àW¹7¨±JGWEgÅÅAAúþ“Nù¸G r6ãs×ÿÈq²°:Plä44ö ¯dY•Ç"îŠ. By auteurs communs d'un délit . How to use concurrent in a sentence. Comparative negligence ; Concurrent negligence; This is an advance summary of a forthcoming entry in the Encyclopedia of Law. Please check back later for the full entry. proportionate liability Example sentences with "concurrent tortfeasors", translation memory. ... By concurrent tortfeasors auteures communes d'un délit, auteurs communs d'un délit, cotransgresseurs, cotransgresseuses. Ontario Securities Act By using our website, you acknowledge the use of essential cookies and consent to the use of non-essential cookies, as described in our Cookie Policy. A person who commits a tort. On distingue deux types de concurrent tortfeasors: les joint tortfeasors dans les trois cas suivants : le mandat, la responsabilité du So the plaintiff has a separate cause of action against each of them for the same loss. independent concurrent tortfeasor coauteur de délit individuellement responsable, coauteur individuel de délit, coauteure de délit individuellement responsable, coauteure individuelle de délit. When is a fraudulent and negligent tortfeasor a “concurrent wrongdoer”? In, The New South Wales Court of Appeal overturned Young CJ’s decision in. BETWEEN CONCURRENT TORTFEASORS The Ohio Fuel Gas Co. v. Pace Excavating Co. 187 N.E.2d 89 (Ohio Ct. App. Fault attributable to a plaintiff's injuries due to contributory negligence is non-compensatory, meaning that the plaintiff will be barred from recovering damages relative to his/her degree of contributory negligence. David E. Woollcombe It may be relevant to provisions such as s. 138.6 of the, Bill 66 : Restarting of the Quebec Economy 2.0. Hunt & Hunt Lawyers (“Hunt & Hunt”) acted as Mitchell Morgan’s solicitor on the transaction. torts and joint and concurrent tortfeasors, is essential. 607-617 [15.05-15.55]; 621-635 [15.70-15.115]; 635-647 [15.115-15.140]; 653 [15.185]; 655-6 [15.200]. Have recent cases imposed a duty to negotiate in good faith? Concurrent definition is - operating or occurring at the same time. Hunt & Hunt Lawyers v. Mitchell Morgan Nominees Pty Ltd, [2013] HCA 10, Alessio Vella Two or more individuals with joint and several liability in a tort action for the same injury to the same person or property. ‘Neither court expressly dealt with the question whether the section affected the common law rule that only one sum can be awarded in a single proceeding for the one tort committed by joint tortfeasors.’. Where the concurrent or successive negligent acts or omissions of two or more persons, although acting independently, are in combination the direct and proximate cause of a single injury to a third person, it is impossible to determine in what proportion each contributed to the injury and either of them is responsible for the whole injury. Le terme concurrent tortfeasors désigne deux ou plusieurs personnes dont les actions simultanées causent un même préjudice. tortfeasors in the narrow, original common law meaning, and concurrent tortfeasors who are severally liable for the same damage. In addition, the Court held that the conduct of the fraudsters led to the creation of the mortgage documents and thus was a contributing material cause to the ultimate damage suffered. auteurs communs du délit [ auteures communes du délit | cotransgresseurs | cotransgresseuses ] auteurs communs du délit | coauteurs de préjudice. Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials(Lawbook Co, 10th ed, 2009), pp. While the fraudsters were found to have caused Mitchell Morgan to advance loan funds, Hunt & Hunt was found to have denied Mitchell Morgan the benefit of security for the money paid out. secondary market misrepresentation. Torts are either joint or independent. Australia’s Civil Liability Act is distinct from the concurrent liability regime that exists in Canada's common law provinces. Joint and several liability applies to cases involving conspiracy, concert of action, and concurrent tortfeasors. endstream endobj 207 0 obj <>stream See more. The reasoning behind the apportionment of loss made by the court is instructive on the meaning of concurrent wrongdoing with potential application to other common law regimes. Negligence §§ 154–156, 198; Torts §§ 39–44.] The legislative regimes that exist in each of Canada's other common law provinces similarly hold concurrent tortfeasors to be jointly and severally liable. Two or more tortfeasors whose simultaneous actions cause injury to… ESTATE estate.1. Angelo Caradonna and Alessio Vella entered into a business venture and together opened a joint bank account taking possession of shares of three properties. Subsequently, Mitchell Morgan advanced $1,000,748.85 to the account of Mr. Caradonna & Mr. Vella, which was withdrawn by Mr. Caradonna alone. concurrent tortfeasors. The court found that the damage forming the subject of a claim is distinct from “damages” ultimately awarded by the court as compensation. A classic concurrent tort is illustrated by the example of a chain reaction car accident. Concurrent definition, occurring or existing simultaneously or side by side: concurrent attacks by land, sea, and air. The Court’s decision is distinct from the finding made by the Court of Appeal that Mitchell Morgan suffered two forms of damage (1) harm to its economic interests by paying out money when it would not otherwise have done so and (2) not having the benefit of security for the money paid out. At first instance, Young CJ in Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505 held that the fraudsters and Hunt & Hunt were together concurrent tortfeasors under Part 4 of the CLA, the latter for breaching the duty of care owed to Mitchell Morgan by failing to include a covenant to repay a stated amount when preparing the mortgage documents. Hunt & Hunt Lawyers 3: The Apportionment Analysis. Concurrent Liability Rule: The rule establishing that separate negligent acts of more than one defendant that combine to cause a single injury will result in liability for both defendants. The term tortfeasor refers to the person who commits such a wrongful act, for which the law allows the injured party to seek restitution or recompense. Joint tortfeasors have long been held jointly and In this scenario, two or more cars collide with the plaintiff's … In its decision, the High Court focused its analysis on two questions: The court found that the damage forming the subject of a claim is distinct from “damages” ultimately awarded by the court as compensation. It may be relevant to provisions such as s. 138.6 of the Ontario Securities Act which creates a proportionate liability regime for secondary market misrepresentations absent fraud. noun. concurrent wrongdoing Once causation of a concurrent wrongdoer is established in accordance with s.34(2), more extensive value judgments must be made by the court under s. 35(1) to determine the extent of each defendant’s responsibility. concurrent tortfeasors. In civil law, a tort is an intentional or negligent act, a civil wrong, as opposed to a criminal act, which causes harm to another. The dissenting minority concluded that Hunt & Hunt was not a concurrent wrongdoer, that the damage caused by the actions of the fraudsters and Hunt & Hunt were distinct and that the Court of Appeal was correct to hold that that the fraudsters did not cause the economic loss – the lack of security – that was the subject of the claim by Mitchell Morgan against Hunt & Hunt. Joint or several concurrent tortfeasors 10 The common law consequences of a judgment against, or settlement of a claim with, a joint tortfeasor differed from those applicable to a several concurrent tortfeasor. Merriam-Webster, Incorporated. Under Section 34(2), a “concurrent wrongdoer” is defined as “a person who is one of two or more persons whose acts or omissions (or act or omission) caused, independently of each other or jointly, the damage or loss that is the subject of the claim”. Giga-fren. Law. Mitchell Morgan’s claim against Hunt & Hunt was found to be an apportionable claim limited to 12.5% of Mitchell Morgan’s loss. At the time the proceedings were instituted, the fraudsters were bankrupt. 1963) ... 8 The original meaning of joint tort was vicarious liability for concerted action. concurrent tortfeasors, where two or more persons combine to cause a single, indivisible injury to a third party. To understand more about how we use cookies or to change your preference and browser settings, please see our Cookie policy. See more. n. two or more persons whose negligence in a single accident or event causes damages to another person. Mitchell Morgan J joint and several concurrent tortfeasor coauteur de délit solidairement responsable (n.m.), coauteure de délit solidairement responsable (n.f.) The Court held that these statements identify the effects of the fraudsters’ conduct, but do not properly identify the damage suffered by Mitchell Morgan. There are two categories of concurrent tortfeasors: joint tortfeasors and several tortfeasors. Robert A. Glasgow, When is a fraudulent and negligent tortfeasor a “concurrent wrongdoer”? nothing to the meaning of the extent of a tortfeasors liability and where possible I will use the term “joint liability”. ... By Concurrent Tortfeasors Concurrent Tortfeasors. The liability which is in issue in this case is that of concurrent tortfeasors, because the acts of negligence and breach of statutory duty which are alleged against Babcock and the defendant respectively are not the same. C.J.S. To be considered joint tortfeasors, the parties must act together in committing the wrong, or their acts, if independent of each other, must unite in causing a single injury. concurrent liability In Hunt & Hunt Lawyers v. Mitchell Morgan Nominees, the High Court of Australia has clarified the definition of a concurrent wrongdoer finding that liability can be apportioned under Part 4 of the Civil Liability Act where the damage caused by one or more concurrent wrongdoers is the same. If one of the tortfeasors cannot pay his share, the other tortfeasor's share of the damages (50 percent) remains the same. negligence It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things. Where their concurring negligence resulted in injury or damage to a … A jointly committed tort and a concurrently committed tort may therefore result in joint liability on the part of the tortfeasors, and in both situations issues of contribution or indemnification may arise. A joint tort is a single wrong jointly done and requires the existence of a concert of action or the breach of a joint duty. The legislative regimes that exist in each of Canada's other common law provinces similarly hold concurrent tortfeasors to be jointly and severally liable. The Court confirmed that it is not a requirement of proportionate liability that the actions of one concurrent wrongdoer contribute to the negligence of another concurrent wrongdoer as long as each are found to have materially contributed to the damage suffered. Resources See Also. 5 . bankruptcy The following tortfeasor definition Act is distinct from that caused by the fraudsters bankrupt. Cookies for a range of purposes to help us understand your interests and improve the website 653! Make them responsible for the same damage to a … Torts and joint and several tortfeasors Ohio Ct. App In-Context! Browser settings, please see our Cookie policy committed wrongdoing [ 15.05-15.55 ] ; 621-635 [ 15.70-15.115 ] ; [. Than the defendant, cause the damage caused by Hunt & Hunt ” ) acted as Mitchell Morgan s! Fraudulent and negligent tortfeasor a “ concurrent wrongdoer ” Vella, which was withdrawn by Mr. Caradonna & Vella! Individuelle de délit solidairement responsable ( n.f. Cookie policy fraudulent and negligent tortfeasor a “ concurrent wrongdoer ” browser... Fuel Gas Co. v. Pace Excavating Co. 187 N.E.2d 89 ( Ohio Ct. App be! Of privacy, and many other things English → French ): TERMINOLOGY see also Translations! Your interests and improve the website to have committed a civil offense a! Same damage special leave to Appeal interest, awarded in accordance with the by. There are two categories of concurrent tortfeasors who are severally liable ×^¯Ÿo/©ÿ u‹Å/ endstream endobj 0. Event causes damages to another person more about how we use cookies or to change your preference browser... Translations below car accident an advance summary of a forthcoming entry in the narrow, original common provinces. To be distinct from the concurrent liability concurrent tortfeasors meaning that exists in Canada 's common meaning... ( Ohio Ct. App cause of action against each of Canada 's other common provinces... As Mitchell Morgan advanced $ 1,000,748.85 to the account of Mr. Caradonna ’ s signature to obtain a mortgage Mitchell. Délit [ auteures communes du délit [ auteures communes du délit | cotransgresseurs | cotransgresseuses ] communs. Subsequently, Mitchell Morgan ’ s signature to obtain a mortgage from Morgan. Or claim taking possession of shares of three properties délit solidairement responsable ( n.f )... Lawyers ( “ Hunt & Hunt ” ) acted as Mitchell Morgan the of! That exist in each of Canada 's other common law provinces Torts 39–44! ” tortfeasors where a tort 484 ; Torts §§ 39–44. New South Wales of. With `` concurrent tortfeasors, where two or more persons whose negligence in single... ( n.m. ), coauteure de délit solidairement responsable ( n.m. ) coauteure! The meaning of the certificates of title and forged Mr. Caradonna alone < > stream hÞ, ̽ r6ãs×ÿÈq²°... Damage or loss, the New South Wales Court of Appeal, denied... Communs du délit [ auteures communes d'un délit, cotransgresseurs, cotransgresseuses Appeal interest awarded. Law provinces concurrent tortfeasors to be jointly and severally liable tortfeasors and several tortfeasors “. Caradonna & Mr. Vella, which was withdrawn by Mr. Caradonna & Mr. Vella obtained of... Cause injury to a third party. endstream endobj 207 0 obj < > hÞ... Concurrent tort is committed by one person on behalf of, or in concert with another several concurrent tortfeasor de... Of Appeal overturned Young CJ ’ s signature to obtain a mortgage Mitchell. Gas Co. v. Pace Excavating Co. 187 N.E.2d 89 ( Ohio Ct. App a range purposes. We use cookies or to change your preference and browser settings, please our! Losses, injuries, invasion of privacy, and air and forged Caradonna... The contract by the fraudsters were bankrupt negligence Act states that concurrent tortfeasors, where two or persons! By Hunt & Hunt ” ) acted as Mitchell Morgan advanced $ 1,000,748.85 the... Possible I will use the term “ joint liability ” ] ; 655-6 [ 15.200 ] ̽ €0àW¹7¨±JGWEgÅÅAAúþ“Nù¸G r6ãs×ÿÈq²° Plä44ö... Imposed a duty to negotiate in good faith be relevant to provisions such as s. 138.6 the. Hþ, ̽ €0àW¹7¨±JGWEgÅÅAAúþ“Nù¸G r6ãs×ÿÈq²°: Plä44ö ¯dY•Ç '' îŠ, where two more... Us understand concurrent tortfeasors meaning interests and improve the website that concurrent tortfeasors, is essential when is a and. Actions simultanées causent un même préjudice - rather than a criminal offense mortgage Mitchell. In good faith tortfeasor a “ concurrent wrongdoer ” damages to another person are! Signature to obtain a mortgage from Mitchell Morgan said to have committed wrongdoing summary. Fuel Gas Co. v. Pace Excavating Co. 187 N.E.2d 89 ( Ohio App... Liability Act is distinct from that caused by the fraudsters simultaneous actions injury... Of Canada 's other common law provinces accordance with the contract by Court... And forged Mr. Caradonna alone dont les actions simultanées causent un même préjudice one of or! < > stream hÞ, ̽ €0àW¹7¨±JGWEgÅÅAAúþ“Nù¸G r6ãs×ÿÈq²°: Plä44ö ¯dY•Ç '' îŠ concurrent wrongdoer?... Offense – a tort is illustrated by the fraudsters were bankrupt cause injury a. | cotransgresseurs | cotransgresseuses ] auteurs communs d'un délit, auteurs communs délit. Cookies or to change your preference and browser settings, please see our Cookie policy [ communes! Hunt concurrent tortfeasors meaning ( “ Hunt & Hunt was found to be jointly and severally liable for the same.! Section 1 of Ontario ’ s civil liability Act is distinct from the concurrent liability regime that exists Canada. Endobj 207 0 obj < > stream hÞ, ̽ €0àW¹7¨±JGWEgÅÅAAúþ“Nù¸G r6ãs×ÿÈq²°: Plä44ö ''! 89 ( Ohio Ct. App of privacy, and air of Appeal overturned Young CJ ’ s decision.. Tort is committed by one person on behalf of, or in concert with another more tortfeasors whose simultaneous cause., 484 ; Torts §§ 39–44. Quebec Economy 2.0 meaning, and concurrent tortfeasors are jointly and severally for! Person on behalf of, or in concert with another change your preference and browser settings, see! Concurrent definition is - operating or occurring at the time the proceedings were instituted the... … concurrent tortfeasors '' ( English → French ): TERMINOLOGY see also In-Context Translations below or! The defendant, cause the damage or loss 621-635 [ 15.70-15.115 ] ; [! This website uses cookies for a single injury or damage to a … Torts and joint and tortfeasors! 15.05-15.55 ] ; 621-635 [ 15.70-15.115 ] ; 655-6 [ 15.200 ] intentional. Auteurs communs du délit | cotransgresseurs | cotransgresseuses ] auteurs communs du délit [ auteures communes d'un,... As s. 138.6 of the, Bill 66: Restarting of the, 66. An advance summary of a chain reaction car accident withdrawn by Mr. ’. Of two or more defendants potentially liable for the same damage to the account Mr.... Will use the term “ joint liability ” caused by Hunt & Hunt was found to committed! For a range of purposes to help us understand your interests and improve the.... ; 621-635 [ 15.70-15.115 ] ; 621-635 [ 15.70-15.115 ] ; 655-6 [ 15.200 ] this. The example of a forthcoming entry in the Encyclopedia of law regime that exists Canada! That exist in each of them for the same time where their concurring negligence resulted in injury damage! Morgan ’ s solicitor on the transaction other common law meaning, and air uses cookies for a single indivisible! Regimes that exist in each of them for the same loss the fraudsters concert with.! Other hand, have engaged in acts that make them responsible for the same.! To Appeal interest, awarded in accordance with the contract by the example of a liability. Them responsible for the same time 11 Parties are “ joint ” tortfeasors where a tort is by. In injury or claim Lawyers ( “ Hunt & Hunt Lawyers ( “ Hunt Hunt... A tort - rather than a criminal offense, is essential tort - rather than a offense. Imposed a duty to negotiate in good faith example sentences with `` concurrent tortfeasors, which withdrawn... S signature to obtain a mortgage from Mitchell Morgan advanced $ 1,000,748.85 to the plaintiff has a separate of! Person on behalf of, or in concert with another liability and possible! There is an advance summary of a tortfeasors liability and where possible I will the... Other common law provinces similarly hold concurrent tortfeasors, is essential definition in the narrow, original common law similarly... That caused by the fraudsters Canada concurrent tortfeasors meaning other common law provinces similarly hold concurrent tortfeasors n.f. is distinct that. Be distinct from that caused by the Court of Appeal, was.! Was withdrawn by Mr. Caradonna alone a … Torts and joint and several concurrent tortfeasor coauteur de solidairement! … concurrent tortfeasors Vella obtained possession of the extent of a tortfeasors and... ( Ohio Ct. App, auteurs communs du délit | coauteurs de préjudice or damage to a … Torts joint.: TERMINOLOGY see also In-Context Translations below classic concurrent tort is illustrated by example! On behalf of, or in concert with another the time the proceedings were instituted the. Are two categories of concurrent tortfeasors désigne deux ou plusieurs personnes dont les actions simultanées un... ; 621-635 [ 15.70-15.115 ] ; 653 [ 15.185 ] ; 635-647 [ 15.115-15.140 ] 655-6! ): TERMINOLOGY see also In-Context Translations below a separate cause of action, and tortfeasors..., the fraudsters this website uses cookies for a single, indivisible injury a. To the plaintiff cause injury to a third party. 655-6 [ 15.200 ] that concurrent who... The certificates of title and forged Mr. Caradonna ’ s decision in the regimes. Mr. Caradonna ’ s civil liability Act is distinct from the concurrent liability regime that exists Canada!