What are the criteria in Jeux Maritimes for severance of the Charter?
New Brunswick, Canada
The following excerpt is from Ferris v. Marshall, 2009 NBQB 194 (CanLII):
Each of the 10 criteria in Jeux Maritimes can be applied to the facts here with a strong argument that there should be severance of the Charter issue. I also see the weight of authority to the effect that severance is a special remedy that is not to be automatic even when requested by both sides, as it was, in Doucet v. Savoie.
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