Joint and several debtors

Joint and several debtors are two or more people who each owe the full amount of the same debt. The creditor can recover the whole debt from any one of them, though not more than the total owed. A debtor who pays more than its share can usually claim contribution from the others.

How BC law treats it

Joint and several liability arises from the contract or from common law and the Negligence Act, RSBC 1996 c 333. The Court Order Enforcement Act, RSBC 1996 c 78 governs how a judgment is enforced, such as by garnishment or registration against land, but is not the source of the liability.

What it means for your business

Co-borrowers in BC should treat any shared loan as a debt they may have to repay in full.

Risks and common mistakes

Releasing one joint debtor without careful wording can affect the creditor's rights against the others.

For the full explanation, see our entry on Joint and several liability.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.