Nettleton v Rondeau

The matter before the court was an application by the plaintiff, Nettleton, under rule 28.2 of the Uniform Civil Procedure Rules (UCPR) to determine the issue of liability and damages separately. Nettleton sustained complete paraplegia to the T10 spinal cord level and the injuries were sustained 19 months before the hearing date of the application. The application was made due to the uncertainty of Nettleton's future employment prospects, in particular, whether he would continue in his post-accident employment. The court was required to determine whether it was practical and proper for the issues of liability and damages to be separately determined and whether there were any countervailing circumstances against severance.

The court considered that there was no suggestion of an overlap of issues or evidence. The court noted that Nettleton's future employment prospects were uncertain, and it was uncertain whether Nettleton would continue in his post-accident employment. The court found that there were no countervailing circumstances against severance and that it was practical and proper for the issues of liability and damages to be separately determined. The court granted the application.

As a result of the court's decision, the issues of liability and damages will be determined separately. The final orders of the court were not provided in the text.