The trial judge's ruling on evidence out of sequence came on October 31, 2001, the Wednesday of the third week of the 2nd Trial Portion in 2001. The circumstances necessitating this approach would or should have been apparent several days before. As noted above, estimating pace of case presentation and scheduling of witnesses is an imprecise exercise which varies with the circumstances, but I accept the premise that responsible counsel, notwithstanding earlier work with a potential witness to evaluate and prepare his evidence, may need some last minute preparation work face to face with a witness. Jet lag may be a factor: see the particular circumstances of Dableh v. Ontario Hydro, supra (T.O.) at para. [16] where I was not inclined to take it into consideration.
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