The Supreme Court Of Canada Declines To Hold Rioters Solidarily Liable

On June 8, 2018, the Supreme Court of Canada dismissed the appeal from a decision of the Court of Appeal of Quebec in an action instituted by Ville de Montréal (the City) against rioters who vandalized patrol cars belonging to the City's police department. These proceedings dealt with whether rioters are solidarily (which is similar to jointly and severally) liable or not for damage resulting from acts of vandalism.

The Supreme Court of Canada decision in Montréal (Ville) v. Lonardi1 is relevant for many reasons, but more particularly regarding the court's guidance on solidarity in extracontractual matters.

The facts and judicial history

On the night of April 21, 2008, the Montreal Canadiens eliminated the Boston Bruins in the Stanley Cup playoffs. When the Canadiens won the game, the jubilant fans of the club took to the streets of Montreal to celebrate. As the evening progressed, the gathering turned into a riot during which several patrol cars of the city's police department were vandalized.

Following an investigation, the City decided to institute one action per vehicle against the rioters identified as having vandalized the vehicle or vehicles in question. Regardless of the nature or seriousness of the wrongful act, the City sought to have the defendants held solidarily liable for the whole of the damage done to the specific patrol car in each of the actions.

The trial judge, Justice Coutlée, J.C.Q., heard all 10 cases, dismissed one of the claims for lack of evidence, found that the defendants in three of the cases had committed a common fault and ordered them solidarily to compensate the city for the whole of the damage done to the patrol car, and ordered the defendants in the six other cases to make reparation for the specific damage caused by their own acts.

The City appealed the six judgments in which the defendants had not all been found solidarily liable. In a unanimous decision, the Court of Appeal affirmed the decisions, which were then brought on appeal before the Supreme Court of Canada.

Solidary liability and article 1480 of the Civil Code of Quebec (C.C.Q.)

Justice Gascon, writing for the majority (Justice Côté was the lone dissenter), began by noting that two cumulative conditions must be met for article 1480 C.C.Q. to apply, that is, 1) it must be impossible to determine which person actually caused the injury, and 2) there must have been a joint participation in a wrongful act which has resulted in injury or separate...