What is the test for undue delay in a trial?

A further consequence against which to determine whether any delay is undue is the effect on the administration of justice as a whole. Trial delays affect not only the parties before the court but parties who are awaiting trial: Balasingham v. Desjardins Financial Security 2018 ONSC 1792 at paras. 7-15. Trials that run longer than expected delay the ability of those awaiting trial to have their cases heard. There are often good reasons for such delays. To some extent, delays are a necessary part of a legal system that seeks to be just. Justice requires a degree of flexibility, not the mindless adherence to black letter rules or calendars. At the same time, however, judges must do what they can to avoid such delays without compromising justice.