What is the test for a motion for adjournment on the grounds that material witnesses are absent?

Ontario, Canada


The following excerpt is from MacLellan, Re, 2003 CanLII 48925 (ON LST):

10. A motion for adjournment should be made with as much notice as possible to the other side so that, if appropriate, arrangements can be made to avoid inconvenience and expense in relation to witnesses, other counsel and panel members. Affidavit evidence should ordinarily be provided in order to establish the facts on which the request is based. Thus, in Darville v. The Queen (1956), 1956 CanLII 463 (SCC), 116 C.C.C. 113, in which there was an application for an adjournment on the grounds that material witnesses were absent, Cartwright J., concurring in the result, stated at p. 117: There was no disagreement before us as to what conditions must ordinarily be established by affidavit in order to entitle a party to an adjournment on the ground of the absence of witnesses, these being as follows: (a) that the absent witnesses are material witnesses in the case; (b) that the party applying has been guilty of no laches or neglect in omitting to endeavour to procure the attendance of these witnesses; (c) that there is a reasonable expectation that the witnesses can be procured at a future time to which it is sought to put off the trial.

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