Terfry v. Smith

Terfry v. Smith

The application to sever was dismissed because the applicant failed to demonstrate on the balance of probabilities that severance was just and convenient: experts’ costs had largely been incurred, there was no assurance that severance would save costs because appeals might follow, insufficient evidence that...

Source-derived case information.

Citation
2006 NSSC 259
Parties
Plaintiff/respondent: Carole Grace Laura Terfry; Defendant/applicant: Jason James Smith; Defendant: Roger G. Spicer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 August 2006
Procedural Posture
Civil: Motor Vehicle Personal Injury / Interlocutory Application to Sever Liability and Damages (pre‑trial)
Outcome
Application to sever liability and damages dismissed
Legal Topics
Severance of Issues, Liability Vs Damages, Interlocutory Relief, Costs
Source Language
english
Civil Procedure Tort Personal Injury Evidence Severance of Issues Liability Vs Damages Interlocutory Relief Costs

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Summary, issues, holding and outcome

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Parties

Carole Grace Laura Terfry

Plaintiff/respondent

Jason James Smith

Defendant/applicant

Roger G. Spicer

Defendant

Procedural Posture

Civil: Motor Vehicle Personal Injury / Interlocutory Application to Sever Liability and Damages (pre‑trial)

Legal Issues

  1. 1 Whether it is just and convenient to sever issues of liability and damages
  2. 2 Whether the applicant met the burden on the balance of probabilities to justify severance
  3. 3 Whether issues of credibility and interwoven evidence preclude severance

Ratio Decidendi

The application to sever was dismissed because the applicant failed to demonstrate on the balance of probabilities that severance was just and convenient: experts’ costs had largely been incurred, there was no assurance that severance would save costs because appeals might follow, insufficient evidence that severance would dispose of the action or materially reduce litigation, and overall consideration of the litigation as a whole did not support severance.

Court Disposition

Application to sever liability and damages dismissed

Orders

  • Application dismissed
  • Costs awarded to the respondent in the amount of $750.00 payable in any event in the cause