One result of s.32 and the Rules referred to is what occurred in Rich v. Henson (supra). There the actions set out in the Statement of Claim and Counterclaim proceeded to trial at the same time before a judge and jury with some actions and issues being tried by the jury and others by the judge alone. Although a court is reluctant to increase the time involved in bringing litigation to a conclusion by ordering separate trials, that course may be followed if it appears that the alternative would create a substantial risk of a miscarriage of justice as a result of prejudicial evidence, in the action or issue being tried by the judge, coming to the attention of the jury.
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