What is the test for severance of an issue?

British Columbia, Canada


The following excerpt is from West Lonsdale Medical Clinic Inc. v 0706394 B.C. Ltd., 2019 BCSC 259 (CanLII):

In Chun v. Smit, 2011 BCSC 412 at para. 21, McEwan J. set out the principles to be considered in an application for severance: 1) For an issue to be severed there must be extraordinary, exceptional or compelling reasons demonstrating that it is in the interests of justice to do so; 2) Subject to that test severed issues may be heard by summary trial under Rule 9-7 if it is otherwise appropriate to do so; and 3) Where a summary trial application is brought on an issue rather than on the whole case, the analysis requires a consideration of the issue of severance first.

Severance may be appropriate when it would result in significant savings in time and expense. It may also be appropriate if the parties agree that the determination of a particular issue would alter the course of proceedings and enhance the prospect of settlement: Ghuman v. ICBC, 2019 BCSC 3 at paras. 4-12.

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