Pettit was a judge-alone trial involving a wrongful dismissal claim. Leach J. noted at para. 29 that “an important factor in deciding whether to adopt such a modified procedure is careful consideration of ‘how cleanly the plaintiff’s evidence can be divided as between the issues proposed to be addressed during the plaintiff’s case and those proposed to be addressed in rebuttal’” [quoting from Campbell v. Jones, [2001] N.S.J. No. 595 (S.C.)]”. Leach J. continued at para. 30: Pursuit of a principled approach, in relation to making a party with the burden of proof on an issue lead its evidence first, therefore may lead to a good deal of practical confusion and inconvenience in cases with numerous issues, some of which may be inextricably intertwined, but also cast the associated burdens of proof on different and opposing parties.
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