What is the test for adjourning a trial on the grounds of absence of a witness?

Alberta, Canada


The following excerpt is from T.M.M. v. P.C., 2002 ABQB 416 (CanLII):

In Darville v. R. (1956), 1956 CanLII 463 (SCC), 116 C.C.C. 113 (S.C.C.) Cartwright J. stated, at 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 a witness, 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 witnesses; (c) that there is a reasonable expectation that the witnesses can be procured at the future time to which it is sought to put off the trial.

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