What is the test for an order consolidating two actions?

Alberta, Canada


The following excerpt is from Alliance Pipeline Limited v. Universal Ensco, Inc., 2007 ABCA 285 (CanLII):

This is an appeal from an order consolidating two actions. There was lengthy argument by counsel that raised, inter alia, the prematurity of the application, the difference in parties in the subject actions, the limited commonality of issues, the different stages of the proceedings and prejudice to the parties named in only one of the actions. Despite this, the chambers judge held that the pleadings defined the issues sufficiently to determine whether an order for consolidation should proceed, that the parties need not be identical and that there was sufficient commonality of issues to meet the test outlined in Mikisew Cree First Nation v. Canada, 1998 ABQB 675 (CanLII), 224 A.R. 157.

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