Is there a procedural defect in adjournment or remand when nothing happens at Val d'Or on June 10, 1981?
Canada (Federal), Canada
The following excerpt is from Supermarchés Jean Labrecque Inc. v. Flamand, [1987] 2 SCR 219, 1987 CanLII 19 (SCC):
85. To go back to the question at issue, Trenholm v. Attorney‑General of Ontario, 1940 CanLII 2 (SCC), [1940] S.C.R. 301, established that a procedural defect exists when the date of the adjournment or remand passes "without anything happening". This is the case here, as nothing happened at Val d'Or on June 10, 1981, the date and place to which the trial was adjourned and on which it was to be held, the hearing in Montréal on the same day having been held without jurisdiction of the judge or of the tribunal.
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