Legal Word of the Day: “Bifurcation”

There are two parts

There are two parts

“Bifurcation” — A procedure in litigation, arbitration, criminal and tribunal hearings, to separate issues or proceedings into two or more parts.

The separation could involve claims, evidence and legal issues. For instance, evidence related to liability could be separated from evidence related to damages. A judgment can be rendered on a set of legal issues without looking at all aspects at once.

Related Information:

Mazza v. Smith, 2009 CanLII 1804 (ON SC)

Wm. Whiteley Ltd. v. Gauthier, 2010 ONSC 396

Rule 6.1.01 of the Rules of Civil Procedure deals with bifurcation.

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