Is there any case law where there is no finding of who set fire to a house?

New Brunswick, Canada


The following excerpt is from Newcastle (Town) v. Mattatall, Porter, Harris et al., 1987 CanLII 5331 (NB QB):

By the same token I am also referred to the case of Bushell v. Hamilton et al.(1980), 39 N.S.R. (2d) 697 (S.C.T.D.), where the two defendants had broken and entered the plaintiffs' home and caused a fire which destroyed the premises. In an action by the plaintiffs against both defendants, the trial judge found as follows [at pp. 698-9]: It is not necessary for the court to make a finding as to who set the fire. I find that the defendants embarked upon a joint venture which lasted during the entire evening of January 16, 1977, and into the early hours of January 17. This joint venture resulted in the burning or igniting of papers which caused the destruction of the plaintiff's home. It matters not which of the two held the match or did the actual ignition. They were joint tort feasors and I find that they are jointly and severally liable for the damages which were occasioned as a result of the incident.

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