The defendants brought a motion to bifurcate the determination of liability and damages, which the plaintiff opposed. The Master granted the motion, which decision was upheld by Superior Court and Divisional Court. The Court of Appeal overturned the decision, holding that the Rules did not permit a Court to bifurcate liability and damages in a non-jury trial. The Court held that Rule 6.1.01 is a complete direction as to bifurcation, and does not leave Courts with the inherent jurisdiction to bifurcate. The consent of all parties is required.
