What is the test for bifurcate an action?

Ontario, Canada


The following excerpt is from Central Sun Mining Inc. v Vector Engineering Inc., 2015 ONSC 3320 (CanLII):

The court considers the following primary factors when determining whether to bifurcate an action: (a) Are the issues to be tried simple? (b) Are the issues of liability clearly separate from the issues of damages? (c) Can a better appreciation of the nature and extent of the injuries and consequential damage to the plaintiff be more easily reached by trying the issues together? (d) If the issues of liability and damages are severed, are facilities in place which will permit the two separate actions to be [page473] tried expeditiously before one court or before two separate courts as the case may be? (e) Is there a clear advantage to all parties to have liability tried first? (f) Will there be a substantial savings of costs? (g) Will splitting the case save time, or lead to unnecessary delay? (h) Is it likely that the trial on liability will put an end to the action? (i) Is the action so extraordinary and exceptional that there is good reason to depart from normal practice requiring that liability and damages be tried together? See Bourne v. Saunby, supra, at para. 30.”

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