Duggan V. Durham Region Non-Profit Housing Corporation, 2020 Onca 788

• Published date: 18 January 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Personal Injury
• Law Firm: McLeish Orlando LLP
• Author: Mr Michael Warfe and Endrita Isaj

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 Appeal was the proper interpretation of r. 6.1.01. The Court ultimately held that consent by the parties is required in both jury and non-jury trials to bifurcate a trial.

In Duggan v Durham Region Non-Profit Housing Corporation, the infant plaintiff fell from the second-floor balcony of the apartment that his parents were leasing from Durham Region Non-Profit Housing Corporation, suffering significant head injuries. In 2017, the plaintiffs moved for an extension of three years' time to set the matter down for trial in order to obtain further evidence of the infant plaintiff's injuries and prognosis as he...