How is liability apportioned between a tortfeasor and a plaintiff's injuries?
British Columbia, Canada
The following excerpt is from Tait v Lemon, 2022 BCSC 4 (CanLII):
Where the plaintiff’s injuries are caused by more than one tortfeasor, the liability for those injuries must be apportioned if the injuries are divisible as opposed to indivisible. Indivisible injuries are those that cannot be separated or have liability attributed to the constituent causes. Divisible injuries, in contrast, are those capable of being separated out and having their damages assessed independently: Bradley v. Groves, 2010 BCCA 361, paras. 19-20. The separation of distinct and divisible injuries is not truly apportionment but is a matter of causation: Athey, at para. 24.
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