Is a plaintiff liable if he is injured by one of two negligent defendants but cannot prove either of the two defendants was responsible for his loss?

Manitoba, Canada


The following excerpt is from Campbell Soup Co. Ltd. et al. v. Westco Storage Ltd., 1990 CanLII 11239 (MB QB):

The plaintiffs argue, following Cook v. Lewis, [1952] 1 D.L.R. 1, that both defendants are liable where a plaintiff is injured by one of two negligent defendants but cannot prove which of the two was actually responsi ble for his loss.

Other Questions


What is the test for a plaintiff to prove that they were injured in a motor vehicle accident? (Manitoba, Canada)
What is the test for determining whether a defendant is liable for a plaintiff's disc herniation? (Manitoba, Canada)
What is the test for a plaintiff to have to prove that there is insufficient relevant evidence to support its claim? (Manitoba, Canada)
What is the test for damages for loss of enjoyment of life and loss of amenities? (Manitoba, Canada)
Does the absence of an invitation or licence or licence to enter the cemetery by climbing the fence of a private cemetery for a male plaintiff cause the male plaintiff injury? (Manitoba, Canada)
What is the range of damages in a personal injury action brought by a defendant who assaulted a plaintiff on a dark country road? (Manitoba, Canada)
Is a common law relationship with a plaintiff who is a plaintiff in a fatal accident action for the purposes of calculating damages? (Manitoba, Canada)
What is the effect of memory loss in the context of an applicant's memory loss? (Manitoba, Canada)
What is the test for determining whether the City of Vancouver is liable in negligence under the Anns Test? (Manitoba, Canada)
What are the expectations of a defendant as a responding party in a motion to evict a plaintiff from her home? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.