What is the test for determining whether a plaintiff has a claim before a different judge?
British Columbia, Canada
The following excerpt is from Jagpal v Jagpal, 2018 BCSC 1391 (CanLII):
The law is not seriously in issue. Merritt v. Imasco Enterprises Inc. (1992), 2 C.P.C. (3d) 275 (B.C.S.C.) at 282 set forth the following tests: i) Do the pleadings disclose common claims, disputes and relationships between the parties? ii) Having regard to matters outside the pleadings, are the claims so interwoven as to make separate trials at different times before different judges undesirable and fraught with problems and economic expense?
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