What is the legal test for granting adjournments in a personal injury action?

British Columbia, Canada


The following excerpt is from Schuetze v Pyper, 2021 BCSC 1620 (CanLII):

The decision to grant or deny an adjournment is discretionary. The paramount consideration is the interests of justice which are addressed by balancing the interests of the parties. Securing a fair trial on the merits of the action is the ultimate goal. In Navarro v. Doig River First Nation, 2015 BCSC 2173, Justice Dillon observed the courts are “generous rather than overly strict” in granting adjournments, and also identified a number of factors to be considered: 1) the expeditious and speedy resolution of matters on the merits; 2) the reasonableness of the request; 3) the grounds or explanation for the adjournment; 4) the timeliness of the request; 5) the potential prejudice to each party; 6) the right to a fair trial; 7) the proper administration of justice; 8) the history of the matter including deliberate delay or misuse of the court process; and 9) the fact of a self-represented litigant.

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