What is the test for combining two separate actions?

Nova Scotia, Canada


The following excerpt is from MacDonald v McPhee, 2022 NSSC 39 (CanLII):

The court considers other factors in determining whether to combine proceedings, including: (1) how far the actions have progressed; (2) the general convenience and expense; (3) whether a jury notice is involved; (4) whether the plaintiffs have separate solicitors; and (5) actions should not be consolidated where matters in one action have arisen subsequent to the commencement of the other, and the actions have proceeded to a considerable extent. Stone v. Raniere, 1992 CarswellNS 219 (NSSC) at para.10

The overarching consideration is what is just and convenient to the parties and to the administration of justice: Healy v. Halifax (Regional Municipality), 2016 NSCA 47 at paras.35 and 38.

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