What is the test for awarding damages to two defendants in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Hart v. Hansma, 2014 BCSC 518 (CanLII):
In this regard, the circumstances are the same as in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, in that there are two accidents, both tortious, with no allegations of contributory negligence and both defendants are represented by a common insurer; thus, there was (and is here) no practical need to allocate damages for each defendant.
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