What is the test for a motion to order bifurcation?

There is a very limited discretion on the part of a motions judge to order bifurcation. There is a need to avoid multiplicity of actions and to ensure that all actions in dispute are resolved at one time. Here both liability and damages are in dispute. In this case, causation is intertwined both with liability and with damages. We are not to consider the impecuniosity of a party in making our determination but ascertain whether the result would be fair and expedient for all parties involved. This combined with a review of the criteria set out in Bourne v. Saunby lead us to the conclusion that this would not be a proper case for bifurcation. Clearly the issues here to be tried are not simple. The issue of liability is not separate from the issue of damages and as a result we cannot find this unfortunately to be the exceptional case.