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 Defendants, with the result that there was no possibility of that they "jointly took part in a wrongful act" within the meaning of article 1480 C.C.Q.

Facts

During the 2008 National Hockey League playoffs, the Montréal Canadiens won a decisive seventh game against the Boston Bruins at the Bell Centre in Montréal. After the game, the crowd celebrated in downtown Montréal. Over the course of the evening, the celebration deteriorated and became a riot. During the riot, a number of patrol cars belonging to the City's police department were vandalized, and nine were total losses.

With the help of photographs and videos of the evening, it was possible to identify a number of rioters. The City instituted ten separate actions in the Court of Québec: one action per damaged vehicle. Each action was brought against the rioters who had damaged the vehicle to which the action in question related. In addition, in each action, the City sought to have the Defendants held solidarily liable.

Decision at Trial

In six of the 10 cases, Justice Coutlée J.C.Q. ordered each defendant to repair the specific damage caused to each patrol car by his own acts and refused to find them solidarily liable.

Given that the Defendants did not know one another before the riot, had never been in communication, and had committed distinct acts of mischief at different times over the course of the evening, of which the other Defendants had no knowledge, Justice Coutlée, J.C.Q. concluded that they had not "jointly taken part in a wrongful act" within the meaning of article 1480 C.C.Q. In the Court's opinion, there could be no joint commission without a common intention, even a tacit one.

In addition, since each person who committed the various injuries could be identified from the evidence, the Court concluded that there was also no "common fault" within the meaning of article 1526 C.C.Q. In those circumstances, the Defendants could not be held solidarily liable.

Decision of the Court of Appeal

The City appealed the six judgments in which the defendants were not held solidarily liable. The Court of Appeal upheld the judgments. In the opinion of the Court of Appeal, the solidary liability provided in articles 1480 and 1526 C.C.Q. applies only where there is a single injury and, moreover, that article 1480 C.C.Q. necessarily requires that it be...