Canadian Consulting Engineer, March/April 2020
Construction litigation involving engineers has become more common, but also more complex. One example of this trend, which can be particularly problematic, is the rule of joint and several liability.
This rule can encourage a ‘shotgun’ approach to litigation, give rise to frivolous claims and result in disproportionate settlements. While the potential unfairness arising from the application of the rule has been recognized and debated, no legislative reform has yet been implemented in Canada.