Is a plaintiff jointly liable to two defendants who contributed to a single, indivisible injury?
British Columbia, Canada
The following excerpt is from Khudabux v. McClary, 2016 BCSC 1886 (CanLII):
The plaintiff submits that the two defendants in this case, having contributed to a single, indivisible injury, are jointly liable to the plaintiff, citing Bradley v. Groves, 2010 BCCA 361, where the court stated, at para. 37: … It may be that in some cases, earlier injury and later injury to the same region of the body are divisible. While it will lie for the trial judge to decide in the circumstances of each case, it is difficult to see how the worsening of a single injury could be divided up.
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