What is the test for a motion to bifurcation?
Ontario, Canada
The following excerpt is from Bailey v. DaimlerChrysler Canada Inc., 2008 CanLII 51767 (ON SC):
The criteria in Bourne v. Saunby are not an exhaustive list of all of the factors to be considered on a bifurcation motion. However, the only factor not enumerated in Bourne v. Saunby that was raised before me was that the action would be tried by a jury. In this case, the jury notice militates against bifurcation because the overlapping evidence on the issues of liability and damages must be heard by the same jury at the same time.
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