When will a motion to bifurcate liability and damages in a motor vehicle negligence case be dismissed?

Ontario, Canada


The following excerpt is from Kovach v. Kovach, 2009 CanLII 722 (ON SCDC):

Second, the appellants noted the decision of Moore J. in Ahmed v. Azzizzida, [2006] O.J. No. 4995, 40 C.P.C. (6th) 289 (S.C.J.), at paras. 21-22, where he dismissed a motion to bifurcate liability and damages brought by a defendant in a motor vehicle negligence case: It cannot be fairly concluded, therefore, that a trial on liability issues will, to use the words of Tucker J. (above), solve the case on a final basis. The parties have every right to be enthusiastic and adamant in their positions but as long as they remain so and as long as the positions are diametrically opposed, as appears clearly to be the situation here, there can be no real likelihood of a clear advantage to all parties produced by an order to bifurcate. The claimed savings in overall trial time and expense may be illusory. Whether the responding defendants on this motion are absolved of [page42 ]any responsibility for the injuries and damages of the plaintiff pedestrians or not, there is no guarantee that that outcome will be accepted by all defendants, be they winners or losers on the issue, and a damages trial may well be required and appeals on either or both of liability and damages outcomes may well follow. At this point, it is impossible to predict whether it will be advisable or possible to try damages issues with the same jury that determines liability issues in a bifurcated trial. Separate trials with but one jury may prove burdensome to that jury, depending upon how long the interval between trials may be. Trials involving two juries could lead to differing findings of fact by each jury and outcomes difficult for the parties, let alone an appeal court, to reconcile.

Other Questions


In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
What is a “new situation” for a defendant to withdraw an admission of liability for damages arising out of a motor vehicle accident? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
How does the "crumbling skull" rule apply to determine liability in a motor vehicle accident? (Ontario, Canada)
What is the test for reducing the liability of a defendant in a motor vehicle accident? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
What is the time for an action for damages from injuries suffered in a motor vehicle accident to be commenced within two years of the date of the accident? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.