The basis for this request is the availability of a witness. Both parties refer the Panel to Darville v. The Queen (1956), 1956 CanLII 463 (SCC), 116 CCC 113, in which there was an application for an adjournment on the grounds that material witnesses were not available. In that case, Cartwright J., concurring 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 the future time to which it is sought to put off the trial.
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