Can consent to a trial date give rise to an inference of waiver?

British Columbia, Canada


The following excerpt is from Regina v. H.R. et al., 2005 BCSC 812 (CanLII):

The court also noted (at S.C.R. 790) that consent to a trial date “can give rise to an inference of waiver”. While it noted that “[t]his will not be so if consent to a date amounts to mere acquiescence in the inevitable,” subsequent jurisprudence dictates that caution be exercised in determining that consent to a trial date is “mere acquiescence to the inevitable”. In Regina v. Nuosci, 1993 CanLII 40 (SCC), [1993] 4 S.C.R. 283 at 284, the court stated that “agreement to suggested dates cannot be characterized as acquiescing in the inevitable in the absence of evidence to that effect.”

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