Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action?
Alberta, Canada
The following excerpt is from Ward v Ward, 2011 ABQB 465 (CanLII):
Further, with respect to the unsuccessful defendant being responsible for the action, if a liable defendant will not admit its liability, the co‑defendant's costs may be the responsibility of the unsuccessful defendant. This is so where the court finds that the liable defendant is 100% liable for the collision: Dhingra v. Pham 2004 ABQB 973.
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