what we also know is that the logic of what the SCC said in Fairchild requires that
Resurfice mc apply to the one tortfeasor situation, not the least because the blood donor in Walker Estate wasn't necessarily negligent.
In some of the cases, as, for example, Moore v. Wienecke (ONCA) decided pre
Resurfice on Athey
mc but affirmed post
Resurfice on the basis that the trial judge's decision amounted to but - for findings of fact.