Tuesday, September 4, 2012

Witness does not attend -- adjournment?

Pursuant to the Supreme Court's decision in Darville v. The Queen (1956), 25 C.R. 1 to adjourn a trial matter on the grounds of missing witnesses the applicant must establish:


1.that the absent witnesses are material in the case;

2.that the party applying has not been guilty of laches or neglect in arranging for the attendance of the witnesses; and

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

See also Melanson v R 2005 NBQB 470:



[14] In R. v. Darville, the Supreme Court of Canada held that a party seeking an adjournment on the ground of the absence of witnesses had to establish the following:

(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.


1 comment:

James C Morton said...

this is brilliant -- very helpful!!!!