What is the test for awarding separate trials for liability and damages in a motor vehicle accident?
Nova Scotia, Canada
The following excerpt is from Rajkhowa v. Watson, 2000 NSCA 50 (CanLII):
The test was expressed by Lord Denning in Coenen v. Payne [1974] 2 All E.R. 1109, at p. 1112: In future, the court should be more ready to grant separate trials than they used to do. The normal practice should still be that liability and damages should be tried together, but the court should be ready to order separate trials whenever it is just and convenient to do so.
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