What is the test for severance of liability and damages in a personal injury action?

British Columbia, Canada


The following excerpt is from Deo v. Vancouver School District No. 39, 2014 BCSC 2364 (CanLII):

The initial issue is whether the questions of liability and quantum of damages should be separated. I think that severance should be ordered, and I find that considering the principles in Nguyen v. Bains, 2001 BCSC 1130, severance is appropriate, given that damages is a distinct issue that arises only upon a finding of liability, and the medical and other evidence relating to the extent of the plaintiff's eye injury and its potential impact on his life have not been fully developed. I also think that severance of liability and damages has a potential for significant savings, in terms of the time and cost of this litigation and will likely increase the possibility of settlement.

Other Questions


In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action, can damages be assessed before the amount of damages has been determined? (British Columbia, Canada)
What is the range of damages for non-pecuniary damages in a personal injury action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
What is the test for damages for non-pecuniary damages in a personal injury action? (Ontario, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
In a personal injury action, is a plaintiff’s total liability to his lawyer not to exceed that of his lawyer's total liability? (Ontario, Canada)
What is the test for prejudiced damages in a personal injury action? (Ontario, Canada)