What is the test for severing liability and damages?

The onus is on the applicant to demonstrate that severance ought to be granted. It has recently been confirmed that this onus is higher than simply demonstrating that it would be “just and convenient” to award severance. In Hynes v. Westfair Foods Ltd., 2008 BCSC 637, Madam Justice Bruce summarized the test in this way at para. 33: 33 While there appears to be some divergence of opinion in regard to the test to be applied when considering an application to sever liability and damages, I am satisfied that the authorities support a higher onus on the plaintiff than merely showing it is just and convenient. In my view, the plaintiff must show that they have an exceptional or extraordinary case in which either the trial of liability or damages will not be complicated, where the issues of liability and damages are not intertwined, and where there is some evidence that makes it at least probable that a separate trial on the issue of liability will put an end to the action ...