Is there any evidence that counsel ever discussed a bifurcated process?

Newfoundland and Labrador, Canada


The following excerpt is from Cuff v Cuff, 2021 NLCA 31 (CanLII):

However, there is nothing in the record to suggest that the idea of a bifurcated process was ever raised by counsel, or discussed in any way. Further, there is no evidence in the record that the judge suggested or intimated that there might be a separate hearing or an opportunity for additional submissions regarding the commencement date. This is not a situation where a party could fairly claim to have been misled by a judge’s words or directions, thereby being denied an opportunity to fully argue their position. (See, for example O’Keefe v. O’Keefe, 2019 NLCA 70, at paras. 19-24.)

Other Questions


What is the test for withdrawing counsel from opposing counsel by reason of lateral transfer? (Newfoundland and Labrador, Canada)
What is the test for finding no conflict of interest between the counsel of the accused and the accused's defence counsel? (Newfoundland and Labrador, Canada)
What is the test for a finding that a judge failed to address himself to certain relevant evidence? (Newfoundland and Labrador, Canada)
What is the necessity for parties to consider electronic evidence provisions alongside more established rules? (Newfoundland and Labrador, Canada)
What is the impact of a policy/operational discussion in an action for negligence? (Newfoundland and Labrador, Canada)
Can extrinsic evidence be admitted in proof of illegal purpose? (Newfoundland and Labrador, Canada)
Does the duty of procedural fairness apply to the investigative stage of the administrative law process? (Newfoundland and Labrador, Canada)
When will a trial judge decline to hear evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
What is the current state of the law on admitting new evidence on judicial review? (Newfoundland and Labrador, Canada)
What is the test for eyewitness evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.