Joint and several tortfeasors
Joint and several tortfeasors are two or more wrongdoers whose conduct causes the same harm, each of whom may be liable to the injured party for the full damages. In BC, whether liability is joint and several or limited to each wrongdoer's share depends partly on whether the injured party was also at fault.
How BC law treats it
Under the Negligence Act, RSBC 1996 c 333, concurrent wrongdoers are jointly and severally liable where the plaintiff is not at fault. Where the plaintiff shares fault, each defendant is severally liable only for its apportioned share (Cempel v Harrison Hot Springs Hotel Ltd (1997), 43 BCLR (3d) 219 (CA)).
What it means for your business
A BC business sued alongside others may face the entire judgment if a co-defendant cannot pay and the plaintiff was blameless.
Risks and common mistakes
Failing to bring third party claims against other wrongdoers can leave the business bearing more than its share of the loss.
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.
