What are the elements of a joint action brought by two members of the guard staff and two police officers?
British Columbia, Canada
The following excerpt is from Kinloch v. Edmonds, 2008 BCSC 1684 (CanLII):
In this case, there were a total of five defendants, including two members of the guard staff and two police officers who dealt with the plaintiff from the time she was driven to her home, through the continuation of her detention and then through the subsequent events back at the cell-block. As noted, at some stage of the pre-trial proceedings, the two guards decided to retain counsel other than the lawyer who had to that point been acting for all the defendants. What is critical to the analysis of this issue is to recognize that, because the allegations of wrongdoing extended to a number of different acts, and because all of the defendants were not implicated in all of those acts, it cannot be said that all of the defendants were sued jointly: Brown v. Lowe, 2002 BCCA 7, at para 157.
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