Solidary Responsibility When There Are Several Defendants, Faults, And Injuries: Playing Short-Handed?

Introduction

Should rioters be held solidarily liable for the whole of the damage done to a patrol car, whether because they had "jointly taken part in a wrongful act" within the meaning of article 1480 C.C.Q. (''Civil Code of Québec''), or because there was a "common fault" or "contributory fault" within the meaning of article 1526 C.C.Q.?

The Supreme Court of Canada had to consider these questions in Montréal (Ville) v. Lonardi,¹ a case in which the Ville de Montréal (the "City") sought to have the rioters (each rioter being a "Defendant", and collectively the "Defendants") held solidarily liable to make reparation for the whole of the damage to the patrol cars belonging to the City's police department. Both at trial and on appeal, the courts held that the Defendants should not be condemned on a solidary basis, since the evidence made it possible to link each of the faults to a specific injury, and since, moreover, there was no "common intention" among the