Civil Procedure Rules of Nova Scotia  
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Part 8 - Counsel, Parties, and Claims

Rule 37 - Consolidation and Separation

Scope of Rule 37
37.01   A judge may consolidate proceedings, trials, or hearings or may separate or sever parts of a proceeding, in accordance with this Rule.
       
Consolidation of proceedings
37.02   A judge may order consolidation of proceedings if the proceedings to be consolidated are of the same kind, that is to say, actions, applications, applications for judicial review, or appeals, and one of the following conditions is met:
   
(a)
a common question of law or fact arises in the proceedings;
   
(b)
a same ground of judicial review or appeal is advanced in the applications for judicial review or appeals and the ground involves the same or similar decision-makers;
   
(c)
claims, grounds, or defences in the actions or applications involve the same transaction, occurrence, or series of transactions or occurrences;
   
(d)
consolidation is, otherwise, in the interests of the parties.
       
Proceedings to be tried or heard together
37.03   A judge may order that proceedings be tried or heard together, or in sequence.
       
Issues to be tried or heard together
37.04 (1) A judge may order common issues in two or more proceedings be tried, or heard, together.
  (2) The judge who orders the trial, or hearing, together of common issues may provide times for the trial, or hearing, of the issues that are to be tried, or heard, separately.
       
Separating parts of a proceeding
37.05   A judge may separate parts of a proceeding for any of the following reasons:
   
(a)
a party joined a party or claim inappropriately;
   
(b)
although appropriately joined in the first place, it is no longer appropriate for the party or claim to be joined with the rest of the parties and claims in the proceeding;
   
(c)
the benefit of separating the party or claim from another party or claim outweighs the advantage of leaving them joined.
       
Directions
37.06   A judge who orders consolidation of proceedings, trials, or hearings or separates parts of a proceeding may give directions for the course of a proceeding in which the order is made, including directions on any of the following subjects:
   
(a)
in an action, the status of each party as plaintiff, defendant, third party or intervenor;
   
(b)
in an action, the status of each claim as main claim, counterclaim, crossclaim or third party claim;
   
(c)
amendments;
   
(d)
place of the proceeding, trial, or hearing.
       

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