Adjournments

Pursuant to the decision in Darville (1956), 25 CR 1, in order for a party to be entitled to an adjournment of a trial on the grounds of the absence of witnesses, they must be able to establish the following: 

(a) that the absent witnesses are material in the case; 

(b) that the party applying has not been guilty of laches or neglect in arranging for the attendance of the witnesses; and 

(c) that there is a reasonable expectation that the witnesses will attend court on the date sought by the party applying for the adjournment. 

The Court's decision is discretionary but the key is fairness.