In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues?

British Columbia, Canada


The following excerpt is from Mayer v. Mayer, 2012 BCCA 77 (CanLII):

In reaching my conclusion that I should decide the application insofar as the trust claims are concerned, I am mindful that there may be times when deciding some but not all of the claims made in a case can lead to unforeseen adverse consequences if findings are carried over to the subsequent determination of other issues. That risk is minimized because I am the case management and trial judge of this and the related actions. ... I draw comfort from the remarks of Donald J.A. in Graham v. Moore Estate, 2003 BCCA 497, where he said at para. 35: Sometimes splitting the issues in a case can lead to the unavoidable result that findings carry over to the later determination of unresolved issues. That is a consideration to be factored into the decision whether to grant a Rule 18A trial on part of the case, but it is not necessarily a determinative factor. Where, as here, the case is under the management of a single judge who hears all aspects of the case, the danger of injustice is minimized.

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