What are the “gateway factors” set out in Rule 6.01(1) of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Coveley v Draganjac, 2015 ONSC 5243 (CanLII):
Case law has considered what has been referred to as “the gateway factors” set out in Rule 6.01(1) (a) and (b), and has developed a list of circumstances that could be said to satisfy either or both of these sub-rules, where the order sought is trial together, as is the case here. The list is not exhaustive - as the court is required to make the order that is just, all relevant factors must be considered before an order of this kind is made. This is an area of the Rules where there is considerable scope for the court to utilize its discretion (see Goldhar v. JM Publications [2000], OJ No. 843).
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