What is the test for severance of liability and damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Deo v. Vancouver School District No. 39, 2014 BCSC 2364 (CanLII):
The initial issue is whether the questions of liability and quantum of damages should be separated. I think that severance should be ordered, and I find that considering the principles in Nguyen v. Bains, 2001 BCSC 1130, severance is appropriate, given that damages is a distinct issue that arises only upon a finding of liability, and the medical and other evidence relating to the extent of the plaintiff's eye injury and its potential impact on his life have not been fully developed. I also think that severance of liability and damages has a potential for significant savings, in terms of the time and cost of this litigation and will likely increase the possibility of settlement.
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