In what circumstances will the discovery of damages be excluded from the trial?
Canada (Federal), Canada
The following excerpt is from Intel Corp. v. 3395383 Canada Inc., 2003 FC 898 (CanLII):
In Montana Band v. Canada, 2001 FCT 297 at paragraph 4 (F.C.T.D.), Mr. Justice Hugessen wrote: That brings me to the motion I have today with respect to discoveries. It is in my view fundamental that when an order for severance is made the severed issues which are not then going to be tried in the first trial are irrelevant for the purposes of that first trial. To put it in a very familiar context where liability and damages are severed questions relating to damages are not relevant to the trial on the issue of liability.
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