What is the test for making an adjournment application at the opening of a trial on the grounds that a party cannot be present?
British Columbia, Canada
The following excerpt is from Cao v Chen, 2017 BCSC 1851 (CanLII):
Timeliness of the request is a factor. An application made at the opening of trial on the grounds that a party cannot be present will be carefully scrutinized as to the effect upon other parties, whether the party’s evidence is crucial, and what other recourse was available (Warner v. Graham (1945), 62 B.C.R. 273 at 277-278 (S.C.)). If the trial is already underway and an adjournment may be indefinite, the court will want to consider whether it is certain that granting an adjournment would resolve the issue that was the cause of the adjournment request (Dhillon at para. 11).
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