Such practical concerns were underscored in Campbell v. Jones, [2001] N.S.J. No. 595 (S.C.), wherein the court emphasized 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”. In particular, “potential for confusion must be regarded where a procedure may follow burden and the order of witnesses and evidence may shift back and forth”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.