Supreme Court Of Canada Clarifies Principles Governing Extracontractual Solidary Liability In Québec

In this Update

On June 8, 2018, the Supreme Court of Canada (the Court) rendered its decision in Montréal (Ville) v. Lonardi, 2018 SCC 29 In this case, Montréal sought a finding of solidary (joint and several) liability against all identified rioters who participated in the vandalism of police vehicles during a riot The majority of the Court refused to find the rioters solidarily liable for the damages caused to the vehicles The Court adopted a narrow view of the provisions of the Civil Code governing solidary liability (articles 1480 and 1526), including with respect to what constitutes a "single injury" and "joint participation in a wrongful act," all while clarifying that solidary liability can only apply in cases of joint participation in a wrongful act when it is impossible to determine who actually caused the injury In a situation such as this one where all the faults are extracontractual, the Court confirmed that solidary liability can only be applied pursuant to the conditions set out in articles 1480 and 1526 of the Civil Code On June 8, 2018, the Supreme Court of Canada (the Court) rendered its decision in Montréal (Ville) v. Lonardi, 2018 SCC 29. In this case, Montréal was seeking a finding of solidary (joint and several) liability against all identified rioters who participated in the vandalism of police vehicles during a riot.

The majority of the Court refused to find the rioters solidarily liable for the damages caused to the vehicles and, in doing so, adopted a restrictive interpretation of the provisions of the Québec Civil Code that provide for solidary liability in claims that do not arise from a contract (extracontractual claims). Indeed, the majority concluded that extracontractual solidary liability can only be imposed in the following situations:

Where the fault of two or more persons caused a single injury; or, Where it is impossible to determine the person who actually caused an injury in a situation where: There is joint participation in a wrongful act that resulted in the injury; or, Persons have committed separate faults, each of which may have caused the injury. Background

On April 21, 2008, the Montréal Canadiens beat the Boston Bruins 5-0 in Game 7 of the first round of the Stanley Cup playoffs, leading to celebration in the streets of downtown Montréal. That celebration ultimately led to rioting and the vandalizing of 15 Montréal police vehicles.

Approximately 20 persons were identified by police as having...