The plaintiffs sought leave to appeal a decision setting aside a Master's order that refused to bifurcate a jury trial.
The Master had relied on appellate authority stating there is no jurisdiction to bifurcate a jury trial, but the motion judge found the Master erred and ordered severance.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's decision given existing binding appellate authority prohibiting the bifurcation of jury trials, and questioning whether the correct test for severance was applied.
