What factors will the court consider in determining whether to consolidate two separate actions at the same time?
Ontario, Canada
The following excerpt is from Grist v Richardson, 2015 ONSC 6051 (CanLII):
Furthermore, in Logtenberg v. ING Insurance Co., [2008] O.J. No. 3394 (S.C.), the court considered the following questions in determining the propriety of or otherwise consolidation: i. Will the order sought create a savings in pretrial procedures? ii. Will there be a real reduction in the number of trial days taken up by the trials being heard at the same time? iii. What is the potential for a party to be seriously inconvenienced by being required to attend a trail in which that party may have only a marginal interest? iv. Will there be real savings in experts’ time and witness fees? v. Is one of the actions at a more advanced state than the other? vi. Will the order result in a delay of one of the actions? vii. Are any of the actions proceeding in a different fashion? FACTORS WEIGHING IN FAVOUR OF CONSOLIDATION
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