Bifurcation Orders

The Federal Court has posted a “model” bifurcation order (DOC) for use in intellectual property matters.

Although not explicitly referenced in the model order, Rule 107 of the Federal Courts Rules allows the Court to issue an order that “the trial of an issue or that issues in a proceeding be determined separately”. While bifurcation orders are often issued on consent of the parties, they can also be contested, such as in Garford Pty Ltd. v. Dywidag Systems International, Canada, Ltd., 2010 FC 581 which sets out some of the principles for bifurcation orders.