Mélanie Samson

The City sought to hold identified rioters solidarily liable for the full loss of specific patrol cars damaged during a hockey riot.

The Court held that solidarity under article 1480 C.C.Q. requires impossibility of identifying who caused the injury and, for joint participation, a common intention, both absent on these facts.

It also held article 1526 C.C.Q. did not apply because the trial judge found distinct identifiable injuries linked to distinct faults rather than one single injury caused by common or contributory faults.

Liability in solidum could not be used to bypass the Civil Code framework for extracontractual solidarity.

The appeal was dismissed, with a dissent favoring solidary liability for groups that destroyed each vehicle together.

The Supreme Court of Canada allowed the appeal in a proposed privacy class proceeding against Facebook arising from Sponsored Stories.

A majority held the forum selection clause requiring litigation in California should not be enforced in this consumer context, emphasizing gross inequality of bargaining power and the quasi-constitutional significance of privacy rights under British Columbia legislation.

The Court restored the chambers judge’s order refusing a stay so the action could proceed in British Columbia.