What is the test for severance of liability and quantum of damages?
British Columbia, Canada
The following excerpt is from Ghuman v ICBC, 2019 BCSC 3 (CanLII):
As this application seeks to proceed only on liability and effectively sever the issues of liability and quantum of damages, I am first to determine whether there should be severance before turning to consider whether a summary trial on the issue of liability is appropriate. The test for severance is “whether there are extraordinary, exceptional or compelling reasons” to do so: Chun v. Smit, 2011 BCSC 412 at paras. 8-9.
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