When will the court order consolidation of two separate actions?
British Columbia, Canada
The following excerpt is from Tylon Steepe Homes Ltd. v. Landon, 2010 BCSC 192 (CanLII):
The circumstances surrounding this consolidation application bear some resemblance to those facing the court in the case of Peel Financial Holdings v. Western Delta Lands Partnership, 2003 BCSC 784, 37 C.P.C. (5th) 115; 2003 BCSC 784. In that case, Madam Justice Allan observed that consolidation of two actions may be appropriate where the parties are the same and the issues are in common so that disposition of one action will necessarily dispose of the other. However, if more issues are raised in one action than the other, and if some of the parties have more limited roles than others, consolidation for all purposes may not be the appropriate course. The court may instead order that the two actions be tried at the same time in one trial and that the evidence be evidence in both actions, including discovery evidence and other pre-trial evidence. This eliminates two separate trials and separate interlocutory applications and other pre-trial procedures thus reducing costs and inconvenience to both the parties and to the court.
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