Can the Superior Court of Justice bifurcate the civil trial of liability and damages issues where there is a valid jury notice in place?

Kovach v. Linn, 2010 ONCA 126, released today, asks:

Does the Superior Court of Justice have jurisdiction to bifurcate the civil trial of liability and damages issues where there is a valid jury notice in place and the parties do not consent? 

For quite some time now, it has been accepted that the answer in Ontario was "no."  That remains the law. The Court writes:

[42]         The practice in Ontario has long been understood to preclude the bifurcation of trials where a jury notice has been served, in the absence of consent.  To reverse that practice, as the appellants seek, would be a major change in the law.  In Ontario, it is primarily the role of the Rules Committee to develop new rules respecting the practice and procedure in civil matters.  In doing so, it takes into account the needs of the system viewed through the experience of judges and practitioners across the province.   Much better that a stark change in practice, such as that proposed by the appellants – reversing a long-standing and fundamental right to trial by a single jury – be left to the legislature or the Rules Committee – a responsibility that the Rules Committee has now fulfilled.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

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