In what circumstances have there been conflicting decisions on the issue of jury bifurcation?

Ontario, Canada


The following excerpt is from Carreiro v. Flynn, 2004 CanLII 34306 (ON SCDC):

With respect to there being conflicting decisions on the matter, it is clear that at least in Morniga v. State Farm [2002] O.J. No. 2094, Justice Campbell ordered bifurcation in the face of an outstanding jury notice although without reference to the earlier higher courts’ decisions stating, without analysis, that bifurcation should not be ordered where there is an outstanding jury notice. I must conclude, however, that the Order made by Justice Campbell in that case conflicts with Justice Sutherland’s conclusion in the case at bar that he was bound by the higher court decisions.

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