What is the test for “case splitting” in a personal injury case?
Alberta, Canada
The following excerpt is from Nelson v. 1153696 Alberta Ltd., 2010 ABQB 130 (CanLII):
Court proceedings are based on an adversarial process, one party advances a position that is then rebutted by the defendant. Disruption of this process, ‘case splitting’, is an abuse of court process, Davidson v. Patten, 2003 ABQB 996 at para. 7:
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