What is the legal test for adjournment of a trial by application?

British Columbia, Canada


The following excerpt is from Navarro v. Doig River First Nation, 2015 BCSC 2173 (CanLII):

The court may order adjournment of a trial by application pursuant to Rule 12-1(9)(a) or at a trial management conference according to Rule 12-2(9)(l). An adjournment order under Rule 12-2 cannot be based upon affidavits (Rule 12-2(11)(a)) but can be made based upon the trial briefs and statements of counsel, even if one party objects (Jurczak v. Mauro, 2011 BCSC 512 at paras. 5-7 (Jurczak)). If a trial management judge considers that further evidence by way of affidavit is required, the matter may be referred to chambers for application. Reasons for adjourning at a trial management conference include that the matter cannot be completed in the time set for trial or that there are outstanding pre-trial matters that show that the matter is not ready for trial (Jurczak at para. 11). These considerations are also available should the adjournment request proceed by application (Jurczak at para. 18).

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