By Bill McNally, Pamela Fischer and Barbara E. Cotton

Frequently plaintiff’s counsel finds him or herself in the situation where they either wish to sever a trial as to the issues of liability or damages or are faced with an application for such severance. This article will briefly review the Alberta law in this regard.

This issue is governed by Rule 221 of the Alberta Rules of Court. That Rule does not, however, provide a precise test as to when severance should be granted.

The Alberta courts have generally held that severance of issues for trial will be granted only in “exceptional cases” and numerous authorities have warned as to the hazards of splitting cases, as in the leading case of Lim Estate v. Home Insurance Co.

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