Joinder of proceedings

Question 1

the court’s power to consolidate or order proceedings to be heard together may be exercised where

Answer 1

• the proceedings have a question of law or fact in common
• where relief is claimed arising out of the same transaction, occurence or series of occurence
• or for where for any reason such an order ought to be made.

Question 2

Actions cannot be consolidated if they have not been

Answer 2

joined together in the first place.

Question 3

Whyare proceedings joined or consolidated?

Answer 3

in accordance with the overriding principle of sercuring the most just, expiditious, and least expensive determination of every proceeding on its merits

Question 4

What are the five examples of procedural remedies that might be awarded?

Answer 4

• proceedings be consolidated
• proceedings be heard at the same time
• proceedings be heard one immediately after the other
• any of the proceedings be stayed until the determination of any other of them
• one of the proceedings be asserted by way of defendant’s claim in any other of them

Question 5

What does it mean when two actions are consolidated?

Answer 5

Where two actions are consolidated, their separate identies disappear and they proceed as ONE ACTION, with one title of proceedings and one file number

Question 6

What does it mean when two actions are ordered to be heard together?

Answer 6

Where two actions are ordered to be heard together, or one after another, they retain their separate identities, with separate titles of proceeding and court file numbers

Question 7

Consolidation may be appropriate where

Answer 7

one plaintiff commences separate actions against the same defendant in resp of the same or a related subject matter

Question 8

What are the general considerations of the court when determining whether to make an order for consolidation or hearing together?

Answer 8

• general convenience and expense
• progression of the actions (to launch the motion as soon as facts sufficiently justify the motion)
• legal representation: consolidation should not be ordered when the plaintiffs are separately represented and cannot agree on a common representative
• timing: should not be consolidated where matters relevant in one action have arisen after commencement of another and the actions have proceeded to a considerable extent

Question 9

What is a bifurcated trial?

Answer 9

Where the court orders that distinct issues in a proceeding be heard separately, per section 6.1.01 of the Rules of Civil Procedure. Usually occurs where an inquiry of damages before the determination of the question of liability would prejudice the parties. Evidence on damages is deferred until the plaintiff has established the right to recover against the defendant