Part 28 Separate decision of questions and consolidation
(cf SCR Part 31, rule 1)
In this Part, question includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.
Division 2 Separation of questions
(cf SCR Part 31, rule 2)
The court may make orders for the decision of any question separately from any other question, whether before, at or after any trial or further trial in the proceedings.
(cf SCR Part 31, rule 5)
If any question is decided under this Part, the court must, subject to rule 28.4, either:(a) cause the decision to be recorded, or(b) give or make such judgment or order as the nature of the case requires.
(cf SCR Part 31, rule 6)
(1) This rule applies if the decision of a question under this Division:(a) substantially disposes of the proceedings or of the whole or any part of any claim for relief in the proceedings, or(b) renders unnecessary any trial or further trial in the proceedings or on the whole or any part of any claim for relief in the proceedings.(2) In the circumstances referred to in subrule (1), the court may, as the nature of the case requires:(a) dismiss the proceedings or the whole or any part of any claim for relief in the proceedings, or(b) give any judgment, or(c) make any other order.
Division 3 Consolidation etc of proceedings
28.5 Consolidation etc of proceedings
(cf SCR Part 31, rule 7; DCR Part 12, rule 7)
If several proceedings are pending in the court and it appears to the court:(a) that they involve a common question, or(b) that the rights to relief claimed in them are in respect of, or arise out of, the same transaction or series of transactions, or(c) that for some other reason it is desirable to make an order under this rule,the court may order those proceedings to be consolidated, or to be tried at the same time or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.Note. See also Division 5 of Part 6 with respect to joinder of causes of action and joinder of parties.