A 14-year-old uninsured driver stole a car and, while being pursued by a police officer, collided with another vehicle, killing its driver.
The trial judge found the uninsured driver 90% at fault and the police officer 10% at fault.
The Attorney General of British Columbia appealed, arguing its vicarious liability under the Police Act should be limited to the 10% fault attributed to the officer.
The Supreme Court of Canada dismissed the appeal, holding that because the officer would have been jointly and severally liable under the Negligence Act but for the statutory immunity in the Police Act, the Attorney General steps into the officer's shoes and is jointly and severally liable for the full amount of the indivisible damages.
