Bifurcation In Estate Litigation: When Splitting Issues Actually Helps
April 23, 2026
BY: IAN ANDREW LAW
Estate disputes often arrive as one fight, but they are not always best tried that way. Sometimes one issue can and should be decided first because it may narrow the rest of the proceeding, change settlement dynamics, or eliminate the need for a larger hearing.
That is the logic behind bifurcation. The question is not whether splitting issues sounds efficient. It is whether it really will be.
Key Takeaways
• Bifurcation is a case-management tool, not a default solution.
• It is most useful where a discrete issue may narrow or end the rest of the case.
• The court will look closely at whether the issues are truly separable.
• If the facts are too interwoven, bifurcation can create more cost, not less.
• The current rule gives the court broad power to order separate hearings where appropriate.
When It Can Help
Bifurcation can make sense where one legal or factual issue stands apart and may materially reduce the rest of the litigation. In an estates case, that might involve trying validity before remedy, entitlement before accounting issues, or a discrete procedural or threshold issue before a larger evidentiary hearing.
The more realistic the chance that the first hearing will materially simplify the rest, the stronger the argument becomes.
When It Usually Does Not
If the proposed first issue is deeply intertwined with the balance of the file, splitting it off can produce duplication, inconsistent evidence, more cost, and longer overall delay. Estate cases with overlapping credibility problems are often poor candidates for artificial separation.
The court is usually looking for genuine efficiency, not just a shorter first step.
Why The Rule Change Matters
Ontario's current bifurcation rule is broader than the former consent-based model. The court may now order separate hearings on a motion, with or without consent, and must consider factors such as convenience, efficiency, prejudice, and the relationship between the issues. That change makes bifurcation a more available case-management tool, but not a casual one.
In estate litigation, splitting issues can be powerful when it is done for the right reason. It is most effective where the first hearing will actually change the rest of the case rather than simply rearrange it.
Sources
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 6.1.01.
• O. Reg. 175/24.
This article is for general information purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship. If you require advice specific to your situation, contact my office.