What is the test for severance of separate trials?
New Brunswick, Canada
The following excerpt is from Thompson v Meyer, 2019 NBQB 65 (CanLII):
In their briefs on law, both the plaintiff and the defendants refer to the decision in Jeux Maritime Inc v. Lotteries Commission of New Brunswick, [1994] N.B.J. No 304. Many of the factors set out in that case are echoed in the case law across Canada, in particular: • Are there valid and compassionate reasons that warrant separate trials? • Would any adverse party be harassed or inconvenienced by separate trials? • Would separate trials probably put an end to the action? • Are the issues to be tried separate or interwoven? • Would severance of issues would ensure real savings of resources, and not be likely to increase the time required to dispose of the issues? • Would severance simplify the matters? • Is the credibility of witnesses who could testify at the various trials in issue?
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