Questions of fact or law tried differently
559 Questions of fact or law tried differently
In any proceeding and at any time, the Court or a judge may order that – different questions, whether of fact or law, be tried at different places or by different modes of trial; or any question be tried before any other.
On an application for an order under subrule (1), the Court or judge is to have regard to – the advantage of hearing evidence without undue delay; and the costs which may be incurred; and any other relevant matter.
If any issue which has been ordered to be tried or any question or issue of fact which has been ordered to be determined in any manner has been determined, the Court or a judge may give any judgment as is appropriate on the application of – the plaintiff or applicant; or if the plaintiff or applicant fails to do so within 10 days, any other party.
If only some of the questions or issues ordered to be determined or tried have been determined or tried and the result renders the determination or trial of the other questions or issues unnecessary or renders it desirable that their determination or trial be postponed, the Court or a judge may give any judgment as may be appropriate, without waiting for that trial or determination.
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