What is the test for a joint tortfeasor?
Ontario, Canada
The following excerpt is from Rutman v Rabinowitz, 2016 ONSC 5864 (CanLII):
A tort is imputed to several persons as joint tortfeasors in three instances: agency, vicarious liability and concerted action. The critical element of concerted action is that those participating in the commission of the tort must have acted in furtherance of a common design. If one person writes a libel, another repeats it, and a third approves what is written, they have all made the defamatory libel: Botiuk v. Toronto Free Press, [1995] 3 SCR 3, 1995 CanLII 60 at paras 74 - 76; Hill v. Church of Scientology of Toronto, 24 OR (3d) 865, 1995 CanLII 59 at para 176.
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