Knowledge Centre

Liability can be tried before damages in certain cases

July 2015 Cox & Palmer, Prince Edward Island

Rilling v. Stewart, 2014 PESC 29

Rilling, a passenger in a car, sued the operator of the vehicle, as well as the operator of an SUV. The driver of the SUV applied to bifurcate the trial, seeking to have liability determined before damages. He argued that it would be unfair to subject him to a lengthy trial on damages when a liability trial might absolve him of any fault. The motion was granted.

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