What is the test for determining that there is an adversity in interest between a group of defendants in a parking lot accident and a defendant who allegedly failed to properly inspect and maintain the parking lot?
British Columbia, Canada
The following excerpt is from Tynski v. British Columbia Teachers Federation et al, 2007 BCSC 4 (CanLII):
In Karsten v. Young (1999), 46 M.V.R. (3d) 278 (B.C.S.C.), similar reasoning led this court to conclude that there was adversity in interest between, on the one hand, a group of defendants whose common identified was that they were owners or operators of motor vehicles involved in a parking lot accident, and on the other, a defendant alleged to have failed to properly inspect and maintain the parking lot. In their statement of defence, the motorist defendants had pleaded that the collision was caused or contributed to by the negligence of the occupier of the parking lot. Discovery of the occupier defendant by the motorist defendants was allowed.
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