Friday, February 26, 2010

Last minute adjournments not always allowed

Normally adjournments, even when brought very late in the day, will be allowed so as to permit parties to obtain evidence for trial.
Normally, but not always.

Where the adjournment is sought at the last minute and there has been some failure to act promptly the judicial officer has the discretion, in exercising trial management authority, to refuse an adjournment.

See today's decision in R. v. Paul, 2010 ONCA 151:

... the appellant says that the trial judge erred in denying him an adjournment requested on the day of trial in order to obtain a transcript relevant to his argument that his s. 11(b) rights under the Charter were breached. The transcript had been ordered by his counsel, but only recently, and after very considerable and unexplained delay. In our view, it was well within the discretion of the trial judge to deny the adjournment in the exercise of her trial management responsibilities. She had good reason for doing so, given the delay in ordering the transcript and the lateness of the request of an adjournment. There is no basis for this court to interfere.

1 comment:

Anonymous said...

nice post. thanks.