3.72: Consolidation or separation of claims and actions

Case Summary

The Applicant sought to consolidate a Surrogate Action with a related Action pursuant to Rule 3.72(1)(a). Alternatively, the Applicant sought to have the two Actions heard concurrently under Rule 3.72(1)(b).

Justice Little reviewed the common law factors for consolidating actions. These include: (i) whether there are common claims, disputes, and relationships between the parties; (ii) whether consolidation will save time and resources in pre-trial procedures, (iii) whether time at trial will be reduced, (iv) whether one party will be seriously prejudiced by having two trials together, (v) whether one action is at a more advanced stage than the other, and (vi) whether consolidation will delay the trial of one action which will cause serious prejudice to one party.

After considering the common law factors, and relevant jurisprudence, in turn, Justice Little satisfied himself that the factors did not favour consolidation and ultimately dismissed the Application.

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