Can an action be split between tort and equity for breach of fiduciary duties?

In the case of Montpellier v. Montpellier, [2003] O.J. No. 1921 (Sup. Ct.), Hennessy J. considered an action that advanced claims in tort and claims in equity for breach of fiduciary duties. While the claim based on breach of a fiduciary duty could not be heard by a jury, it was possible to leave the jury notice in place for the remainder of the claims. Acknowledging that there were a number of ways to proceed with a divided trial, she decided that it was a matter best left for determination by either the case management process or the trial judge.