What is the test for bifurcation?

Ontario, Canada


The following excerpt is from Clifford v. MacKinnon, 2008 CanLII 54965 (ON SC):

We do not have the consent of all parties to bifurcation. As a result, the moving party bears the onus that: -- the preponderance of criteria is met; -- the issues of liability are not so intermingled with the issues of damages that a just resolution of the claim would be unlikely; and -- on a balancing of interest between the parties, expense will be minimized and no prejudicial delay will occur: see Bourne v. Saunby, supra. [page559]

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