(1) This section applies for the purposes of a proceeding in a court where:
- (a)
- in this jurisdiction or elsewhere, a person (in this section called the
representative ) engages in particular conduct while the person is a
representative of 2 or more persons (in this section called the indemnifying
principals ); and
- (b)
- it is proved for the purposes of the proceeding that the representative
engaged in the conduct as a representative of some person (in this section
called the unknown principal ) but it is not proved for those purposes who the
unknown principal is.
(2) If only one of the indemnifying principals is a party to the proceeding,
he, she or it is liable in respect of that conduct as if he, she or it were
the unknown principal.
(3) If 2 or more of the indemnifying principals are parties to the proceeding,
each of those parties is liable in respect of that conduct as if he, she or it
were the unknown principal.