What is the test for bifurcation of a jury trial?
Ontario, Canada
The following excerpt is from Bailey v. DaimlerChrysler Canada Inc., 2008 CanLII 51767 (ON SC):
The plaintiff also relies on Ahmed v. Azzizzada, [2006] O.J. No. 4995 (S.C.J.) in which Moore J., on the issue of bifurcation of a jury trial, stated (at ¶ 22): 22 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.
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