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In personal injury claims, the issue of bifurcation often arises
when parties seek to have the issues of liability and damages
decided in separate hearings by the trier of fact. Bifurcation in
trials is governed by Rule 6.1.01 of the
Rules of Civil
Procedure, which states:
With the consent of the parties, the court may order a separate
hearing on one or more issues in a proceeding, including separate
hearings on the issues of liability and damages.
1
In
Duggan v Durham Region Non-Profit Housing
Corporation, 2020 ONCA 788, the issue before the Court of