The appellant appealed an order bifurcating the trial of liability and damages, arguing that bifurcation cannot occur without consent when a valid jury notice exists.
The respondent municipality cross-appealed the motion judge's refusal to strike the jury notice, arguing that section 108 of the Courts of Justice Act prohibits jury trials when a municipality is a party.
The Divisional Court granted leave for the cross-appeal and held that the rules and statute operate to prohibit the filing of a jury notice where a municipality is named.
The court allowed the cross-appeal, set aside the jury notice as a nullity, and consequently dismissed the appellant's appeal regarding bifurcation.
