Background:
On May 16, 2017, a tree fell across the road and struck the hood of Volkers' truck, causing her injuries. Volkers filed her initial claim in March 2019, with the defendants filing responses shortly after. The Province admitted responsibility for the highway, and Emcon's role included removing hazardous trees. Both defendants, however, denied liability, asserting that they met the required safety standards.

Key Legal Issues:
The court considered the question of liability and whether Emcon and the Province breached their duty of care. Emcon sought to sever liability from damages in the trial, reasoning that resolving liability could expedite proceedings and potentially reduce litigation costs if defendants were not liable. Volkers, opposing severance, cited financial hardship from delaying damages determination.

Court Decision:
Associate Judge Hughes approved the severance, ordering a March 2025 trial focused solely on liability. Applying criteria from Nguyen v. Bains, the court noted potential time and cost savings from a discrete liability trial.

Costs Awarded:
Emcon Services Inc., as the successful party in the severance application, was awarded costs from Volkers; however, the exact amount was unspecified.