What is the test for severance under Rule 221?
Alberta, Canada
The following excerpt is from Schwartz (Estate of) v. Kwinter, 2006 ABQB 382 (CanLII):
The test for severance under Rule 221 is as set out in Ratcliffe v. Nakonechny, 2003 ABQB 667, para.19: 1. Will it end the suit, at least if decided one way? 2. Will there be a saving in time or money spent on litigation, again at least if decided one way? 3. Will it create an injustice? 4. Are the issues complex or difficult? 5. Will it result in a delay in the trial? 1. Will it end the suit, at least if decided one way?
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