What is the gap between a defendant and his co-defendant in a civil action?
British Columbia, Canada
The following excerpt is from Pacific Hunter Resources v. Moss Management Inc., 2002 BCSC 396 (CanLII):
The gap referred to by the Chief Justice in Brown v. Lowe was one not found to exist by Madam Justice Southin. The gap was that the defendant in that case was precluded by the provisions of 37(31) from presenting an offer to settle unless such an offer was made jointly with all the other defendants. Madam Justice Southin concluded that the defendant and his co-defendants were not “sued jointly”.
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