Earlier this year, Attorney General Doug Downey invited municipalities to comment on the existing joint and several liability system. In August, President Dean Sauriol discussed this issue with the Attorney General in a delegation at the annual AMO Conference, noting that litigation against local governments has increased significantly and that municipalities have had to divert public money to support these costs, even when the municipal share of liability is as low as 1%.

President Sauriol called the Attorney General’s attention to AMCTO’s support for reform in each of the last three pre-budget submissions – including in 2019, when we committed to “engage in coalition-building efforts with peer associations to pursue a remedy” and advocate in favour of a more appropriate system for assigning liability.

AMO’s Task Force examined the existing liability landscape and options for reform. In support of it, AMCTO has written to the Attorney General, expressing our support for the Task Force’s recommendations noted below:

1. Adopt a model of full proportionate liability to replace joint and several liability.

2. Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1-year limitation period may be beneficial.

3. Implement a cap for economic loss awards.

4. Increase the catastrophic impairment default benefit limit to $2 million and increase the third-party liability coverage to $2 million in government regulated automobile insurance plans.

5. Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non-profit insurance reciprocals.

6. Compel the insurance industry to supply all necessary financial evidence including premiums, claims, and deductible limit changes which support its, and municipal arguments as to the fiscal impact of joint and several liability. 

7. Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General.

AMCTO will continue supporting association partners like AMO and the Ontario Good Roads Association in seeking out reforms to the joint and several liability system in Ontario.

For more information, please see below: 

AMCTO: Letter to Attorney General on Joint and Several Liability Reform

AMO: Report on Joint and Several Liability Reform

AMCTO: Issue At A Glance -- Joint and Several Liability

AMCTO: MAG Opens Consultations for Joint and Several Liability

AMCTO: Premier Ford Announces Consultation on Joint and Several Liability

AMCTO: Pre-Budget Submissions