What is the test for having two separate claims asserted in the same action?

Ontario, Canada


The following excerpt is from Dawe v. Reliance Home Comfort, 2009 CanLII 6832 (ON SC):

Where the differences between separate claims asserted in one action will unduly complicate and delay the proceeding, the appropriate remedy is to order the claims to be asserted in separate proceedings. (See: Guenette v. Canada, supra at para. 15.) (ii) Analysis

Other Questions


Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
Can a defence not advanced in a previous action be used or put forward as a claim in a subsequent action? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
What is the test for striking a claim or portion of a claim that discloses no reasonable cause of action? (Ontario, Canada)
What is the impact of having a strong compensatory claim against the wife of a successful business owner in a separation action? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions? (Ontario, Canada)
Can a statement of claim be struck where there is no reasonable cause of action? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.