The defendant, Simcoe Muskoka Catholic District School Board, brought a motion to bifurcate the issues of liability and damages in a personal injury action, seeking to have liability tried first.
The plaintiffs opposed the motion.
The court dismissed the motion, finding that the defendant failed to demonstrate that bifurcation would certainly dispose of issues, shorten proceedings, or result in substantial cost savings.
The court also found that the issues were not clearly severable due to overlap in evidence and witnesses, and that bifurcating a jury trial would unduly prejudice the plaintiffs, given the right to a single jury and the practical difficulties of separate jury trials.