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.)

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