In McMartin v. Nestoruk, 2002 BCSC 282, the plaintiff applied to have two actions, both resulting from motor vehicle accidents, heard at the same time. In the first action, liability had been denied, I.C.B.C. was not involved, no trial date had been set, there had been no examinations for discovery, and a jury was prohibited by legislation. In the second action, liability had been admitted, I.C.B.C. was involved, the trial was scheduled to commence in just over a year, and the defendant was seeking a jury trial.
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