What is the test for determining whether an injury is divisible or indivisible?
British Columbia, Canada
The following excerpt is from Uppal v. Judge, 2016 BCSC 642 (CanLII):
Whether an injury is divisible or indivisible affects both the causation analysis and the damages analysis, as summarized in Moore v. Kyba, 2012 BCCA 361 at paras. 35–43 [Moore]. First, the causation analysis determines whether a defendant is liable for an injury. Each defendant is separately liable for the divisible injuries that they have caused, and jointly liable for indivisible injuries that they caused together with the other defendants. Next, the damages analysis determines what compensation a plaintiff is entitled to receive from a defendant and again, individual defendants must compensate divisible injuries and indivisible injuries must be compensated by the defendants jointly.
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