Tribunal orders re-joinder of liability and damages phases for resumed hearing on remitted issues.
At a pre-hearing conference following a Divisional Court order remitting certain liability issues back to the Tribunal, the Tribunal determined procedural matters for the resumed hearing.
The Tribunal ordered that CNH would lead evidence first on the remitted liability issues, as they arose from CNH's appeal.
The Tribunal also ordered that the liability and damages phases of the hearing, which had previously been bifurcated, be re-joined to avoid unnecessary delay and prejudice, noting that the original reasons for bifurcation no longer existed.
Chesterman Farm Equipment Inc. (CFEI) v CNH Canada Ltd. (CNH), 2012 ONAFRAAT 26