By William E. McNally and Barbara E. Cotton

It is probably a fair reflection to note that Canadian courts are reticent to bifurcate issues in a trial and, indeed, it may been said that there is an implicit presumption against bifurcation . Perhaps the apparent reticence for a bifurcation of issues is best illustrated by the cautionary comments of the esteemed authors Stevenson & Cote in Civil Procedure Guide 2002 . In discussing the Alberta rules which allow for bifurcation, the authors state: "Bitter experience shows that these Rules are usually sirens whose song lures a lawsuit onto the rocks. There is rarely any argument for a split, other than the hope of saving time and money . . . Splitting off issues to try first usually ends by consuming more time and money, not less."

It is the thesis of this article, however, that bifurcation of issues can indeed be beneficial in a class action proceeding, given the usual complexity of the issues, the numerous parties involved, the individuality of some issues pertaining to certain members of the class, and the need for a complex and frequently individualized proof of damages. It can be posited that, in a class action proceeding, bifurcation of issues can reduce the length of the ultimate trial proceedings, particularly if the severed issue or issues are dispositive of the case.

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