In a wrongful dismissal trial involving an employer's just cause defence, the plaintiff moved for directions altering the ordinary order of proof and limiting cross-examination until later stages of the trial.
The court held that departures from the general rule against case splitting are discretionary and reserved for unusual cases where principle and convenience clearly justify modification.
Because the plaintiff had extensive disclosure of the misconduct allegations and the damages issues were intertwined with the just cause defence, the proposed staged procedure risked confusion, inefficiency, and procedural unfairness.
The motion was dismissed and the trial was directed to proceed in the ordinary manner.
