In what circumstances will a tortfeasor be held jointly and severally liable in the case of indivisible injury caused by multiple tort Feasors?
British Columbia, Canada
The following excerpt is from Deol v. Sheikh, 2016 BCSC 2404 (CanLII):
In the case of indivisible injury caused by multiple tortfeasors, the tortfeasors are jointly and severally liable regardless of whether the torts were concurrent or consecutive. In Ashcroft v. Dhaliwal, 2008 BCCA 352, leave to appeal ref’d [2008] S.C.C.A. No. 488 [Ashcroft], Huddart J.A. wrote at para. 2, “there is no valid policy reason for treating concurrent and consecutive torts differently when both are necessary causes of an indivisible injury and its consequential losses”.
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