in a motion to bifurcate, what facts are material?

[kaimb]

Jurisdiction

Ontario

Hello,

This is not limited to Ontario, I just had to select something. The question is:

In any civil matter there are often many motions brought before the court to decide on issues of disagreement between the parties.
What facts are we obligated to bring to court hearing a motion?

Practical exanple, a motion to bifurcate bad faith claim from liability claim in an insurance matter. Do the applicants have obligations to make available to the court all facts that are material to the issues brought before the court or just the facts that are favourable to their arguments? Meaning it's then up to the respondent to bring opposing facts to the court.

Extension of that, what if the applicants have access to material facts and they refuse to make it available to the court even after requested by the respondent, is that within their right or are they obligated to make those facts available to the court.

My position is, the must make all material facts àvailable to the court and if they disagree then they must ask the court to determine if those facts are material and should be made available. They should not unilaterally decide to exclude them.

Thanks you

 

[adjusterjack]

Ontario Canada or Ontario California?

 

[kaimb]

I didn't know there is an Ontario in California.
Ontario Canada.

But I am not sure it would be so different. I researched that question for a couple of months and found similar principles around the world, I believe they were all based on British common law though.

 

[doucar]

I didn't know there is an Ontario in California.
Ontario Canada.

But I am not sure it would be so different. I researched that question for a couple of months and found similar principles around the world, I believe they were all based on British common law though.

In the US these are not common law motions, but governed by the codes of civil procedure in 49 states, I cannot speak for Louisiana which is not common law, but French civil law. The parties here are not required to produce all material facts before trial, unless they have been specifically and properly asked for them during discovery.

 

[army judge]

This is not limited to Ontario, I just had to select something. The question is:

None of our regular responders is acquainted with Canadian federal or provincial law.