Nauss v. Rushton

Nauss v. Rushton

Court granted severance because plaintiff established by a preponderance that liability is a simple issue ready for trial now, severance would save significant expense and court resources, and credibility concerns, while relevant, could be adequately managed in separate trials; therefore it was just and convenient to try liability first.

Citation
2001 NSSC 167
Parties
Plaintiff/applicant: Patrick J. Nauss; Defendant/respondent: F. Murray Rushton; Defendant/respondent: F.M. Rushton Wood Farm Limited; Defendant/respondent: Town of Oxford
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 November 2001
Procedural Posture
Civil Tort Personal Injury / Application to Sever Liability and Damages (pre Trial)
Outcome
Order granted: issues of liability and damages severed.
Legal Topics
Severance of Issues, Liability Vs Damages, Credibility, Civil Procedure Rules Interpretation
Source Language
English
Civil Procedure Tort Personal Injury Severance of Issues Liability Vs Damages Credibility Civil Procedure Rules Interpretation

Case Brief

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Parties

Patrick J. Nauss

Plaintiff/applicant

F. Murray Rushton

Defendant/respondent

F.M. Rushton Wood Farm Limited

Defendant/respondent

Town of Oxford

Defendant/respondent

Procedural Posture

Civil Tort Personal Injury / Application to Sever Liability and Damages (pre Trial)

Legal Issues

  1. 1 Whether liability and damages should be tried separately
  2. 2 Whether issues of credibility are too interwoven to permit severance
  3. 3 Whether severance is just and convenient given costs and court resources

Ratio Decidendi

Court granted severance because plaintiff established by a preponderance that liability is a simple issue ready for trial now, severance would save significant expense and court resources, and credibility concerns, while relevant, could be adequately managed in separate trials; therefore it was just and convenient to try liability first.

Court Disposition

Order granted: issues of liability and damages severed.

Orders

  • Issues of liability and damages are severed.
  • Liability to be tried first; assessment of damages to be heard subsequently.