Can a wrongdoer be held liable to indemnify both parties?

British Columbia, Canada


The following excerpt is from Chan v. Butcher, 1984 CanLII 536 (BC CA):

Another policy question was raised in argument. It was contended that in the circumstances of this case the wrongdoer might be called upon twice to pay the same loss; once at the suit of the employee for lost wages, and a second time, at the suit of the employer, in a per quod action. No case was drawn to our atten­tion, and I am not aware of one, where a wrongdoer has been held liable to indemnify both parties. The trend of authority, which I have seen, indicates that the courts have not allowed both claims. One such case was the recent decision of this court in Davidson v. Pun (C.A. 820825, March 1, 1984 [not yet reported]).

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