Personal Injury Lawyer Tips
Episode Number 9
How Do You Determine Liability when At Least One of Two Negligent Defendants Caused the Accident, but You Can’t Prove Which One?
In this vlog Mr. Andrew Leroy Rudder discusses the unique circumstances where you – the plaintiff – are able to prove, on a balance of probabilities – 50% + 1 –, that the injuries you sustained was the result of an accident caused by the negligence of at least one of two defendants, but you are unable to prove which one’s negligence ultimately caused the accident. This fact pattern can potentially leave a court in a legal quandary, as it would be left with a great degree of uncertainty over what to do in the interest of justice.
Mr. Rudder also briefly discusses the 1951 case entitled Cook v. Lewis, 1951 CanLII 26 (SCC),  SCR 830., where the Supreme Court of Canada had to deal with the aforementioned legal quandary.
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