What is the test for ordering separate trials under rule 47.03?
New Brunswick, Canada
The following excerpt is from Roussel v. Charest, 2004 NBQB 446 (CanLII):
At paragraph 3, Drapeau, J.A. stated that the trial judge had the power, in exercising his discretion, to make an order under rule 47.03, if he thought it was “just and convenient” to do so. This criteria was also used by Lord Denning in Coenen v. Payne and Another (C.A.), [1974] 1 W.L.R. 984, where he stated that courts should be ready to order separate trials wherever it is just and convenient (“juste et commode”) to do so.
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