What is the test for joint and several liability for indivisible injuries?
British Columbia, Canada
The following excerpt is from Griffioen v. Arnold, 2017 BCSC 490 (CanLII):
There can be no question that Athey [Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458] requires joint and several liability for indivisible injuries. Once a trial judge has concluded as a fact that an injury is indivisible, then the tortfeasors are jointly liable to the plaintiff. They can still seek apportionment (contribution and indemnity) from each other, but absent contributory negligence, the plaintiff can claim the entire amount from any of them.
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