Are the Thandis liable as joint tortfeasors to the City for the tort of trespass?

British Columbia, Canada


The following excerpt is from City of Burnaby v. Thandi et al, 2005 BCSC 1478 (CanLII):

Therefore, the trespass having occurred, the Thandis, having not shown that the trespass was “utterly without his fault”, are liable as joint tortfeasors to the City for the tort of trespass: See Cook v. Bhanworth, [1998] B.C.J. No. 1026 (S.C.) at para. 58.

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