How is the court apportioning damages between defendants and other tortfeasers in a mental health case?
British Columbia, Canada
The following excerpt is from Polovnikoff v. Banks, 2009 BCSC 750 (CanLII):
In cases of this nature the damage to the plaintiff is cumulative, with each subsequent event exacerbating the effects of the previous ones. The defendants are only liable for the damage that they have caused and not for damage caused by other tortfeasers. Thus the court must apportion damages in a way that takes into account the impact of each accident or tortious event that, on the evidence, contributed to the plaintiff’s current mental illness. It appears that the authorities support a percentage method of allocating responsibility as between defendants and other tortfeasers: Seyfret v. Butler, [1993] B.C.J. No. 1905 (S.C.) at paras. 62-65.
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