What is the impact of having the threshold issue of the validity of the Marriage Contract decided first?

Ontario, Canada


The following excerpt is from Schulman v Ganz, 2015 ONSC 3254 (CanLII):

I am not persuaded that having the threshold issue of the validity of the Marriage Contract decided first will prejudice the applicant. A bifurcated trial may significantly reduce costs for both parties. As indicated, it is likely that many issues will be resolved or that the issues will be narrowed. Depending on the result regarding the validity of the Marriage Contract, it is also likely that the parties will engage in serious settlement negotiations so that all issues are resolved. Similarly, as stated by Gordon J. in Dillon v. Dillon, [2013] O.J. No. 5744 at para. 35, there is more potential prejudice to the applicant if he proceeds with a trial on all of the issues. If the applicant is successful on the first trial he will likely receive a significant cost award. If he is unsuccessful on the validity of the Marriage Contract issue, his exposure to a cost award is minimized. He would face a much larger exposure to a cost award if he is unsuccessful on the lengthier trial.

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