Shelby Russell, a tenant at Skyline Towers, slipped on unsalted ice outside the complex on February 9, 2017, suffering injuries.
She filed an occupier’s liability claim against A.R.C. Management Ltd., alleging negligence in maintaining safe conditions.
Motion:
Russell requested the trial be split into two parts: one for liability, one for damages. She argued this would allow for a quicker determination of liability, potentially avoiding a lengthy damages trial.
Arguments:
Plaintiff’s Position:
Claimed liability was straightforward and could be resolved in 2.5 days.
Argued severance would save time and costs if liability wasn’t proven.
Believed there was no overlap between evidence for liability and damages.
Defendants’ Position:
Opposed severance, arguing liability and damages were intertwined, particularly concerning witness credibility.
Stated that severance could lead to longer trials, increased costs, and potential appeals.
Court’s Decision:
The court dismissed the motion to sever. Justice McDougall found that the benefits of severing were speculative and that issues of liability and damages were sufficiently connected to warrant a single trial.
Conclusion:
The trial will address both liability and damages together, with the motion for severance denied. This outcome favors the defendants, reducing the risk of multiple trials and appeals.
Monetary Award/Costs:
No monetary award, costs, or damages were granted. The decision was procedural, with the court focusing on trial structure, not the merits of the claim. Costs related to the motion were left for the parties to negotiate.
